Sex discrimination claim dismissed as out of time in constructive dismissal case
An engineering team leader's sex discrimination claim was thrown out because it was presented too late, while his constructive unfair dismissal claim also failed on the merits.
2 min read · Last updated 18 May 2026
Key facts
- The claimant was employed as an engineering team leader from 26 December 2013 to 13 December 2020.
- He raised a grievance in January 2020 about a colleague's conduct, which was partially upheld.
- He resigned on four weeks' notice, claiming constructive dismissal.
- The sex discrimination claim was based on the grievance outcome and alleged failure to relocate the colleague.
- The sex discrimination claim was presented on 3 February 2021, more than three months after the acts complained of.
- The unfair dismissal claim was within time but was dismissed on the merits.
Timeline
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Employment started
Claimant began working for Swisslog UK Ltd as an engineering team leader.
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Grievance raised
Claimant raised a grievance about colleague Jason Cuttill's conduct.
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Grievance appeal decided
Appeal against grievance outcome was dealt with later that month.
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Meeting with Faye Mellor
Claimant had a meeting with Faye Mellor, which he initially thought was in September 2020.
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Employment ended
Claimant resigned on four weeks' notice, effective 13 December 2020.
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Early conciliation started
Early conciliation began.
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Early conciliation ended
Early conciliation ended.
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Claim presented
Claim form presented to the tribunal.
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Preliminary hearing (time limits)
Employment Judge Steward held a preliminary hearing to decide time limits. Sex discrimination claim dismissed as out of time.
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Final hearing (unfair dismissal)
Final hearing on the unfair dismissal claim before Employment Judge Chivers.
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Judgment given
Constructive unfair dismissal claim dismissed.
The legal issue
The tribunal had to decide whether the sex discrimination claim was brought within the three-month time limit (plus early conciliation extension) and, if not, whether it was just and equitable to extend time. It also had to determine whether the claimant was constructively unfairly dismissed.
The outcome
The tribunal dismissed both claims. The sex discrimination claim was presented on 3 February 2021, more than three months after the last act complained of (the grievance outcome in January 2020 and the failure to relocate a colleague, which ended by September 2020). The claimant argued ill health caused the delay, but the tribunal found no just and equitable reason to extend time.
For the unfair dismissal claim, the tribunal found that the claimant resigned voluntarily. The grievance was partially upheld, and the respondent took steps to manage the situation. There was no fundamental breach of contract that would justify constructive dismissal.
No compensation was awarded.
Lessons & takeaways
- Time limits for discrimination claims are strict: you generally have three months minus one day from the last act of discrimination to present your claim, including early conciliation.
- Ill health may be a reason to extend time, but you must provide clear evidence that it prevented you from bringing the claim within the limit.
- A partially upheld grievance does not automatically mean you have been constructively dismissed; you need to show a fundamental breach of contract by the employer.
- If you believe you have been constructively dismissed, you should raise your concerns with your employer before resigning, or at least make it clear that you are resigning in response to a breach.
A case of missed deadlines and unmet expectations
This case shows how strict time limits can derail a discrimination claim, even when the underlying facts might have had merit. The engineering team leader had seven years' service with Swisslog UK Ltd when he resigned in December 2020, claiming he was forced out by the way his grievance about a colleague was handled. But by the time he presented his claim in February 2021, the sex discrimination element was already out of time.
The tribunal found that the last acts of alleged discrimination – the grievance outcome and the failure to relocate the colleague – occurred no later than September 2020. The claimant argued that ill health had prevented him from bringing the claim sooner, but the tribunal was not satisfied that this justified extending the time limit. The lesson is clear: if you think you have a discrimination claim, act quickly and seek advice early.
Why the unfair dismissal claim also failed
On the constructive dismissal claim, the tribunal examined whether the employer's conduct amounted to a fundamental breach of contract. The claimant's grievance had been partially upheld, and the employer had taken steps to address the situation, such as changing the claimant's working hours to avoid contact with the colleague. The tribunal concluded that the employer's response was reasonable and did not breach the implied term of trust and confidence. The claimant's resignation was therefore voluntary, not a constructive dismissal.
This outcome highlights that a grievance process that does not go entirely in your favour is not necessarily a breach of contract. Employers are entitled to reach reasonable conclusions, and employees who resign in disappointment may find they have no claim.
What this means for similar claims
For anyone considering a constructive dismissal or discrimination claim, this case is a reminder of two key hurdles: time limits and the need to show a fundamental breach. The discrimination claim was dismissed purely on timing, without the tribunal ever reaching the merits. The unfair dismissal claim failed because the employer's actions were within the range of reasonable responses. Both outcomes underscore the importance of acting promptly and gathering evidence of a clear breach before resigning.
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