Radio presenter's constructive dismissal claim dismissed as out of time
A BBC radio presenter who resigned after a colleague's 'leprechaun' tweet saw all his claims thrown out because he filed his tribunal claim too late, despite receiving incorrect legal advice.
1 min read · Last updated 18 May 2026
Case details
- #out-of-time
- #race-related-harassment
- #victimisation
- #solicitor-error
- #just-and-equitable
Key facts
- The claimant was employed as a Radio Presenter from 12 November 2018 to 16 September 2022.
- On 2 July 2020, a colleague tweeted a reply that the claimant considered race-related harassment.
- The claimant resigned on 26 August 2022, effective 16 September 2022.
- The ET1 claim form was submitted on 13 January 2023, after the time limits had expired.
- The claimant received incorrect legal advice from multiple lawyers regarding time limits.
- The tribunal found all claims were out of time and declined to extend time.
Timeline
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Employment started
Claimant began employment with BBC as a Radio Presenter.
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Alleged harassment tweet
Claimant sent a tweet with an Irish landscape; colleague Mr Harris replied with a comment about a leprechaun, which claimant considered race-related harassment.
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First internal complaint
Claimant submitted an internal complaint about various matters, not including the tweet.
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First complaint rejected
The first internal complaint was rejected.
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Appeal rejected
Appeal against the rejection of the first complaint was rejected.
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Second internal complaint
Claimant submitted a further complaint including the tweet as race-related harassment.
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Grievance hearing
A grievance hearing was held regarding the second complaint.
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Grievance outcome
The grievance was rejected, including the harassment claim.
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Grievance appeal
Claimant appealed the grievance outcome.
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Appeal outcome
Appeal partially upheld but not on the harassment claim.
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ACAS contacted
Claimant contacted ACAS, represented by NUJ.
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Resignation
Claimant resigned, citing various reasons.
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Employment ended
Employment terminated with effect from this date.
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ACAS certificate issued
Early conciliation certificate issued.
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Instructed solicitors
Claimant instructed Redmans solicitors after NUJ legal workshop.
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ET1 claim form submitted
Claim form submitted, out of time.
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Preliminary hearing
Hearing to determine time limits.
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Judgment given
Tribunal found all claims out of time and dismissed them.
The legal issue
The tribunal had to decide whether the claimant's claims for constructive unfair dismissal, race-related harassment, victimisation, and failure to make reasonable adjustments were filed within the three-month time limit, and if not, whether it would be fair to allow them to proceed out of time.
The outcome
The tribunal dismissed all claims as out of time.
Key reasons:
- The victimisation claims were over two and a half months late; the harassment claim was 22 days late.
- The claimant had received incorrect legal advice from multiple lawyers, but the tribunal found this did not make it just and equitable to extend time.
- The claimant had not acted promptly once he became aware of the time limits.
No compensation was awarded as the claims were dismissed.
Lessons & takeaways
- Employment tribunal claims must be brought within three months of the act complained of – missing this deadline can be fatal, even if you have received poor legal advice.
- If you suspect your solicitor has given incorrect advice about time limits, seek a second opinion immediately and consider filing a protective claim to preserve your rights.
- The 'just and equitable' extension is not a safety net for solicitor errors – tribunals expect claimants to take responsibility for meeting deadlines.
- Constructive dismissal claims require resignation in response to a fundamental breach of contract; the time limit runs from the date of resignation, not the last act of alleged discrimination.
A case that ended before it began
This case shows how strict employment tribunal time limits can be, even when a claimant has received poor legal advice. The radio presenter resigned in September 2022 after a colleague's tweet in 2020 that he considered race-related harassment. He filed his claim in January 2023 – too late for all his complaints.
What went wrong
The presenter contacted ACAS in August 2022 and instructed solicitors in October 2022. Despite being told by multiple lawyers that he had time, the claim was not submitted until 13 January 2023. The tribunal found that the victimisation claims were over two and a half months late, and the harassment claim was 22 days late. The presenter argued that the time should be extended because of the incorrect legal advice, but the tribunal rejected this.
What the BBC could have done differently
The BBC defended the claim on time grounds and succeeded. However, the underlying dispute – a tweet that the presenter found offensive – might have been resolved earlier through a more robust internal process. The grievance was rejected in May 2022, and the appeal was partially upheld but not on the harassment point. A clearer response at an earlier stage might have avoided the resignation and subsequent claim.
Why this matters for similar claims
This decision is a reminder that time limits are strictly enforced. Even if you have a strong case on the merits, it will be dismissed if you file too late. The 'just and equitable' extension is rarely granted for solicitor errors, especially where the claimant could have acted sooner. Anyone considering a tribunal claim should seek advice immediately and file a protective claim if there is any doubt about the deadline.
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