Senior consultant cardiac surgeon's unfair dismissal claim thrown out for being five months late

A costly delay

This case shows how unforgiving employment tribunal time limits can be, even for senior professionals facing serious personal difficulties. The claimant, a consultant cardiac surgeon, was dismissed following a tragic incident where a patient died after a chest drain procedure. He suffered from PTSD and work-related stress, and was unaware of the three-month time limit for unfair dismissal claims until he spoke to an employment adviser in June 2023 – nearly five months after the deadline had passed.

What the tribunal said

The tribunal acknowledged the claimant's health issues but found that he had been legally represented at the time of his dismissal and had sought advice about unfair dismissal. This meant it was reasonably practicable for him to have learned about the time limit and presented his claim in time. The judge noted that ignorance of the law is not a valid excuse, especially when legal advice was available. The claim was therefore dismissed as out of time, and an application to add race discrimination complaints was also refused as those were also late and no reasonable explanation was given.

What could have been done differently

The claimant's solicitor could have flagged the time limit immediately after dismissal. Even if the claimant was unwell, a protective claim could have been lodged within the time limit to preserve his rights, with further details added later. The case is a reminder that early legal advice is crucial – and that simply being unaware of a deadline, even with health problems, is rarely enough to persuade a tribunal to extend time.