Redundancy claim struck out after being brought nearly 10 years too late
A former employee who was made redundant in 2011 had her unfair dismissal claim struck out after she waited nearly a decade to bring it, despite having withdrawn an earlier claim. The Leeds tribunal found no reasonable prospect of extending time.
2 min read · Last updated 18 May 2026
Case details
- #out-of-time
- #strike-out
- #withdrawn-prior-claim
- #redundancy
- #disability
- #pregnancy
Key facts
- The claimant was employed by Capita Business Services Limited and was made redundant on 11 September 2011.
- The claimant had previously brought a claim in 2011/2012 but withdrew it on 5 March 2012.
- The claimant issued a new claim on 3 April 2021, nearly 10 years after the dismissal.
- The claimant suffered from mental and physical health issues and had not worked since October 2003.
- The claimant was pregnant and undergoing IVF at the time of redundancy.
- The claimant had obtained a £50,000 award from the ombudsman regarding a PHI claim.
Timeline
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Last worked
Claimant last worked for Liberata before TUPE transfer.
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TUPE transfer
Claimant transferred from Liberata to Capita Business Services Limited.
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Dismissal
Claimant was made redundant by Capita.
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Stay granted
Earlier tribunal proceedings were stayed to allow claimant breathing space.
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PHI claim refused
Claimant notified that application for permanent health insurance was refused.
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Email from Irwin Mitchell
Respondent's solicitor confirmed no costs if claimant withdrew.
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Withdrawal of earlier claim
Claimant withdrew her first tribunal claim.
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New claim issued
Claimant issued a new claim nearly 10 years after dismissal.
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Preliminary hearing
Tribunal struck out the claim as out of time.
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Reconsideration application
Claimant applied for reconsideration, which was refused.
The legal issue
Whether the tribunal should extend the time limit for an unfair dismissal claim brought nearly 10 years after the employee was made redundant, given that she had previously brought and withdrawn an earlier claim.
The outcome
The tribunal struck out the claim as out of time.
- The claimant was dismissed on 11 September 2011 and issued a new claim on 3 April 2021, nearly 10 years later.
- She had previously brought a claim in 2011/2012 but withdrew it on 5 March 2012.
- The tribunal held there was no reasonable prospect of persuading it to extend time, as the delay was extreme and the claimant had been able to bring her earlier claim in time.
Lessons & takeaways
- Unfair dismissal claims must be brought within three months of dismissal – delays of years are almost always fatal.
- Withdrawing an earlier claim does not preserve your right to bring a new claim later; the time limit still applies.
- If you have health or personal issues, seek legal advice promptly and do not assume the tribunal will extend time indefinitely.
- Pursuing a related claim through an ombudsman (e.g., for PHI) does not pause the employment tribunal time limit.
This case shows the harsh reality of employment tribunal time limits. The former employee, who was made redundant by Capita Business Services Limited in September 2011, waited nearly a decade before issuing a new claim. She had previously brought a claim shortly after her dismissal but withdrew it in March 2012. By the time she tried again in April 2021, the tribunal had no choice but to strike it out.
Why the delay mattered
The claimant suffered from mental and physical health issues and had not worked since 2003. She was also pregnant and undergoing IVF at the time of redundancy. However, the tribunal noted that she was able to bring her initial claim in time, which showed it was reasonably practicable for her to do so. The fact that she later withdrew that claim did not reset the clock. The law requires claims to be brought within three months, and only in exceptional circumstances will a tribunal extend time. A delay of nearly 10 years was far too long.
What could have been done differently
The claimant could have pursued her original claim rather than withdrawing it. She had obtained a £50,000 award from the ombudsman regarding a permanent health insurance claim, but that did not affect the time limit for unfair dismissal. If she wanted to challenge her redundancy, she should have continued with her first claim or sought legal advice before withdrawing. The respondent's solicitor had confirmed no costs would be sought if she withdrew, but that did not mean she could start again later.
Why this matters for similar claims
This case is a reminder that employment tribunal time limits are strict. Even if you have health problems or are pursuing other remedies, you must act quickly. Withdrawing a claim does not preserve your right to bring it again later. If you miss the deadline, the tribunal will almost certainly strike out your claim, no matter how strong the underlying case might be.
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