Former health coordinator's unfair dismissal claim thrown out for being 12 days late
A tribunal has dismissed an unfair dismissal claim brought by a former health and well-being coordinator with 28 years' service, because she presented her claim 12 days after the deadline. No compensation was awarded.
1 min read · Last updated 18 May 2026
Key facts
- Claimant was employed by Gateshead Council from June 1994 until July 2022.
- She was made redundant on 20 or 21 July 2022.
- She knew of the three-month time limit for bringing a claim from dismissal.
- She entered early conciliation on 17 October 2022 and received an ACAS certificate on 28 November 2022.
- She had Covid-19 from about 3 to 10 December 2022.
- She presented her claim on 9 January 2023, 12 days after the extended deadline of 28 December 2022.
Timeline
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Employment started
Claimant commenced employment with Gateshead Council.
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Dismissal
Claimant was made redundant, effective 20 or 21 July 2022.
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Early conciliation started
Claimant contacted ACAS to begin early conciliation.
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ACAS certificate issued
Claimant received early conciliation certificate, with deadline to present claim by 28 December 2022.
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Covid-19 symptoms
Claimant developed flu-like symptoms, later confirmed as Covid-19.
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Recovery from Covid
Claimant's acute symptoms subsided, but she remained weak and tired.
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Extended deadline
Deadline to present claim expired.
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Claim presented
Claimant presented her unfair dismissal claim to the tribunal.
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Hearing and judgment
Tribunal heard the case and dismissed the claim as out of time.
The legal issue
The tribunal had to decide whether the claimant presented her unfair dismissal claim within the three-month time limit (as extended by early conciliation) or, if not, whether it was not reasonably practicable to do so and she presented it within a reasonable further period.
The outcome
The tribunal dismissed the claim as out of time.
- The claimant was made redundant on 20 July 2022 and knew about the three-month time limit.
- She entered early conciliation on 17 October 2022 and received an ACAS certificate on 28 November 2022, with a deadline of 28 December 2022.
- She had Covid-19 from 3 to 10 December 2022, but the tribunal found that she could have asked family for help or submitted the claim before falling ill.
- She presented her claim on 9 January 2023, 12 days late. The tribunal held it was reasonably practicable to present in time, so no extension was granted.
Lessons & takeaways
- Know your deadline: The three-month time limit for unfair dismissal claims is strict, even if you have personal difficulties.
- Early conciliation extends the deadline, but you must still act promptly once the ACAS certificate is issued.
- If you are unwell, ask for help from family or friends to submit your claim before the deadline.
- Keep evidence of any medical issues that prevent you from submitting on time, but note that tribunals expect you to take reasonable steps to overcome obstacles.
- Do not assume that caring responsibilities or health problems will automatically excuse a late claim.
A strict deadline that could not be moved
This case shows how unforgiving employment tribunal time limits can be, even for a long-serving employee with genuine personal difficulties. The claimant had worked for Gateshead Council for 28 years as a health and well-being coordinator before being made redundant in July 2022. She believed her dismissal was unfair and knew she had three months to bring a claim.
After starting early conciliation, she received her ACAS certificate on 28 November 2022, which gave her until 28 December 2022 to present her claim. She fell ill with Covid-19 on 3 December and was symptomatic for about a week, but still had several days before the deadline after recovering. She also had caring responsibilities for her teenage son with type 1 diabetes and said she suffered from back problems and fatigue.
What the tribunal said
The tribunal accepted that the claimant was unwell, but noted that she had family nearby who could have helped her complete the online claim form. She did not ask them because she was unsure of their IT literacy, but the tribunal considered that no significant IT skills were needed – she could have simply given them the information. The tribunal also pointed out that she had time before falling ill to submit the claim, and that her ongoing health conditions had been present for some time and were not new.
What this means for others
This case is a reminder that employment tribunal deadlines are strict and that personal circumstances, while sympathetic, will not always justify a late claim. If you are approaching a deadline, it is wise to submit your claim as early as possible, even if you are still gathering evidence. If you become unwell, ask for help from someone you trust. The tribunal will expect you to take all reasonable steps to meet the deadline, and a delay of just 12 days can be fatal to your claim.
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