Social worker's unfair dismissal claim thrown out for being over a year late
A social worker who waited over a year to bring an unfair dismissal claim after being summarily dismissed for gross misconduct had her case struck out as out of time. The tribunal found it was reasonably practicable for her to have claimed within the three-month limit.
1 min read · Last updated 18 May 2026
Key facts
- The claimant was summarily dismissed on 10 June 2021 for gross misconduct.
- The claimant's unfair dismissal claim was presented on 21 June 2022, over a year after dismissal.
- The claimant conceded the claim was out of time.
- The tribunal found it was reasonably practicable for the claimant to present the claim within the 3-month time limit.
- The claimant was aware of her rights and actively sought advice and employment after dismissal.
Timeline
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Summary dismissal
The claimant was summarily dismissed for gross misconduct following a disciplinary hearing.
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Outcome letter sent
The respondent sent a 5-page outcome letter detailing the reasons for dismissal.
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Claimant sought legal advice online
The claimant contacted solicitors via the internet for legal advice.
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Woman's Refuge advice
A Woman's Refuge suggested the claimant seek legal advice.
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Subject access request to police
The claimant made a subject access request to Cumbria Constabulary for documents.
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Appeal outcome
The appeal panel upheld the dismissal, finding the claimant had failed to meet social work standards.
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Police document received
The claimant finally received the requested document from Cumbria Constabulary.
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ACAS early conciliation started
The claimant entered ACAS early conciliation, almost a year after dismissal.
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Claim form presented
The claimant lodged her claim with the Employment Tribunal.
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Preliminary hearing
The tribunal heard the respondent's application to strike out the claims as out of time.
The legal issue
Whether the claimant's unfair dismissal claim was presented within the three-month time limit, or if it was not reasonably practicable to do so and the claim was presented within a reasonable further period.
The outcome
The tribunal struck out the claimant's unfair dismissal claim as out of time.
- The claimant was summarily dismissed on 10 June 2021 but did not present her claim until 21 June 2022 — over a year later.
- The tribunal found that the claimant was aware of her rights, had sought legal advice, and could have brought the claim within the three-month limit.
- No compensation was awarded as the claim was dismissed in its entirety.
Lessons & takeaways
- Employment tribunal claims for unfair dismissal must be brought within three months of the effective date of termination — missing this deadline is fatal.
- Seeking legal advice or waiting for documents does not automatically extend the time limit; you must act promptly.
- If you believe it was not reasonably practicable to claim in time, you must present evidence to the tribunal explaining why.
- Even if you have a strong case on the merits, the tribunal will not hear it if you miss the time limit without a good reason.
This case is a stark reminder that employment tribunal claims have strict time limits that are rarely extended. The claimant, a social worker, was summarily dismissed by Cumbria County Council in June 2021 for gross misconduct after admitting to using illegal drugs and breaching professional standards. She did not bring her unfair dismissal claim until June 2022 — over a year later.
Why the claim failed
The tribunal focused on whether it was reasonably practicable for the claimant to have presented her claim within the three-month period ending in September 2021. The evidence showed she was aware of her rights, had sought legal advice online, and had even made a subject access request to the police. The tribunal concluded that none of these activities prevented her from lodging a claim in time. The fact that she waited for a police document until June 2022 did not justify the delay.
What the employer did right
Cumbria County Council acted promptly by sending a detailed outcome letter and upholding the dismissal on appeal. The employer's solicitor successfully argued that the claimant had ample opportunity to bring her claim within the time limit. The tribunal agreed, noting that the claimant had not provided a convincing explanation for the delay.
Key takeaway for employees
Time limits in employment tribunals are strictly enforced. If you are dismissed, you have three months (minus one day) from the effective date of termination to present an unfair dismissal claim. Waiting for documents, seeking advice, or hoping for a different outcome will not pause the clock. If you miss the deadline, you must be able to prove that it was not reasonably practicable to claim in time — a high bar that this claimant could not meet.
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