Sexual harassment claim dismissed as too late: the importance of acting quickly
A warehouse operative's sexual harassment claim was dismissed because she filed her claim too late, and her unfair dismissal claim was struck out as she never actually resigned.
2 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant reported sexual harassment on 24 June 2020, with incidents occurring between 25 May and 10 June 2020.
- The respondent investigated and implemented measures to separate the claimant from the alleged harasser by 27 June 2020.
- The claimant went on sick leave from 27 July 2020 due to stress and never returned to work.
- The claimant submitted her ET1 claim on 15 December 2020, more than two months after the discrimination time limit expired.
- The claimant never formally resigned and continued to accept sick pay and a bonus, indicating ongoing employment.
- Key witnesses for the respondent had left the company, causing prejudice.
Timeline
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First harassment incident
The claimant experienced the first incident of alleged sexual harassment.
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Last harassment incident
The last incident of alleged harassment occurred.
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Claimant reports harassment
The claimant emailed the managing director and HR to report the harassment.
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Respondent implements measures
The respondent reorganised work areas to separate the claimant from the alleged harasser, and the claimant agreed.
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Claimant provides detailed statement
The claimant submitted a written statement with further details of harassment.
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Claimant goes on sick leave
The claimant started sick leave due to stress, which continued until the end of December 2022.
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Claimant learns of ACAS
The claimant's doctor suggested contacting ACAS, by this date at the latest.
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ACAS early conciliation starts
The claimant contacted ACAS, beginning early conciliation.
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Claim form submitted
The claimant submitted her ET1 claim to the Employment Tribunal, alleging sex discrimination and unfair dismissal.
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Preliminary hearing
The tribunal heard evidence and submissions on time limits and strike out.
The legal issue
The tribunal had to decide whether the claimant's sex discrimination claim was submitted within the legal time limits (or if it was fair to extend them), and whether her constructive unfair dismissal claim should be struck out for having no real chance of success.
The outcome
The tribunal dismissed both claims. The discrimination claim was time-barred: the last act of alleged harassment was on 10 June 2020, but the claimant did not start ACAS early conciliation until 16 November 2020 – over five months later. The tribunal found no continuing act and refused to extend time because the claimant had not provided a good reason for the delay and the respondent would be prejudiced by missing witnesses.
The unfair dismissal claim was struck out because the claimant never actually resigned. She went on sick leave in July 2020 and continued to receive sick pay and a bonus, indicating her employment was ongoing. Without a dismissal, there can be no claim for unfair dismissal.
Lessons & takeaways
- Employment tribunal claims for discrimination must be brought within three months of the last act – including time for ACAS early conciliation, this is a strict deadline.
- If you believe you have been constructively dismissed, you must clearly resign in response to a fundamental breach of contract – staying on sick leave and accepting pay may mean you are still employed.
- Delays in reporting harassment can harm your case: the tribunal may refuse to extend time if you cannot explain why you waited.
- If key witnesses have left the company, the respondent can argue prejudice, making it harder to get a time extension.
- Representation matters: the respondent had a solicitor, while the claimant represented herself, which may have affected the outcome.
A case of missed deadlines and unclear resignation
This case shows how strict employment tribunal time limits can be, and why it is vital to act promptly if you believe you have been discriminated against or constructively dismissed. The claimant, a warehouse operative with six years' service, reported sexual harassment to her employer in June 2020. The respondent took steps to separate her from the alleged harasser, but she went on sick leave with stress a month later and never returned.
Why the discrimination claim failed
The alleged harassment occurred between 25 May and 10 June 2020. Under the Equality Act 2010, a discrimination claim must be brought within three months of the last act (plus the early conciliation period). The claimant did not contact ACAS until 16 November 2020 – over five months after the last incident. The tribunal found that the acts were not part of a continuing course of conduct, so the time limit ran from 10 June 2020. Even though the claimant was on sick leave and had language difficulties, the tribunal decided it was not just and equitable to extend time. The respondent had lost key witnesses who had left the company, causing prejudice. The claimant had also learned about ACAS by 24 October 2020 but waited another three weeks to contact them.
The unfair dismissal claim had no foundation
The claimant also claimed constructive unfair dismissal, arguing she had been forced to resign. However, the tribunal found she never actually resigned. She went on sick leave in July 2020 and continued to receive sick pay and a bonus – clear evidence that her employment was ongoing. Without a dismissal (whether actual or constructive), there can be no claim for unfair dismissal. The tribunal struck out this part of the claim as having no reasonable prospects of success.
What this means for similar claims
This case is a reminder that time limits in discrimination claims are not flexible. Even if you are unwell or unrepresented, the tribunal expects you to act promptly once you know about your rights. It also highlights the importance of formally resigning if you wish to claim constructive dismissal – simply staying away from work on sick leave is not enough.
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