Social worker dismissed while in prison: claim thrown out for being too late
A social worker who was dismissed after being arrested for firearms offences had her unfair dismissal claim rejected because she filed it nearly a year after the time limit expired. The tribunal ruled it was reasonably practicable for her to have brought the claim on time despite her imprisonment.
1 min read · Last updated 18 May 2026
Case details
- #out-of-time
- #imprisonment
- #criminal-charges
- #social-worker
- #prison-restrictions
Key facts
- The claimant was employed as a social worker from 14 April 2015 until 10 August 2020.
- On 23 July 2020 the claimant was arrested for firearms offences and remanded in custody.
- The claimant's employment was terminated on 10 August 2020 after a disciplinary hearing in her absence.
- The claimant was acquitted and released from prison on 27 September 2021.
- The claimant submitted her claim to the Employment Tribunal on 28 October 2021, almost a year after the time limit expired.
- The tribunal found it was reasonably practicable for the claimant to have presented her claim within the original time limit.
Timeline
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Employment started
Claimant began work as a social worker for the respondent.
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Arrested
Claimant was arrested for firearms offences and remanded in custody.
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Sister contacted employer
Claimant's sister left a message for the line manager.
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Suspension letter
Respondent sent a letter suspending the claimant from employment.
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Sister notified employer of imprisonment
Claimant's sister informed respondent that claimant was at HMP Bronzefield.
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Disciplinary hearing notice
Claimant was advised of a disciplinary hearing on 5 August 2020.
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Disciplinary hearing
Hearing held in claimant's absence.
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Employment terminated
Claimant's employment was terminated.
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Acquitted and released
Claimant was acquitted of all offences and released from prison.
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Early conciliation started
Claimant commenced early conciliation with ACAS.
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Claim form submitted
Claimant submitted her claim to the Employment Tribunal.
The legal issue
The tribunal had to decide whether the claimant's unfair dismissal claim was presented within the legal time limit, and if not, whether her imprisonment and lack of internet access made it not reasonably practicable to do so.
The outcome
The tribunal dismissed all claims as out of time. The key reason was that the claimant could have instructed her sister or solicitor to file a claim within the original three-month deadline, even while she was in prison. The tribunal found that the claimant had sufficient contact with the outside world and could have taken steps to protect her employment rights. No compensation was awarded.
Lessons & takeaways
- If you are dismissed while in prison, you should try to arrange for a family member or solicitor to submit a tribunal claim on your behalf within the three-month time limit.
- Tribunals expect claimants to take reasonable steps to meet deadlines, even when facing significant personal difficulties like imprisonment.
- A lack of internet access or limited phone calls does not automatically excuse a delay if you have other means of communication, such as through a family member.
- Early conciliation with ACAS must be started within the time limit – waiting until after release from prison is unlikely to be accepted as a valid excuse.
What this case shows
This case highlights the strictness of employment tribunal time limits, even in exceptional circumstances. The claimant, a social worker with five years' service, was arrested for firearms offences and remanded in custody. Her employer dismissed her in her absence after a disciplinary hearing. She was acquitted over a year later and filed her claim soon after release, but the tribunal found she had missed the deadline by almost a year.
The tribunal accepted that prison life was restrictive – she could only call 20 named people, and requests took days to be authorised. However, she had regular contact with her sister, who was already liaising with her criminal solicitor. The judge concluded that she could have asked her sister or solicitor to submit a protective claim within the three months following her dismissal.
What could have been done differently
The employer, London Borough of Enfield, proceeded with a disciplinary hearing in the claimant's absence and dismissed her while she was in prison. While the tribunal did not rule on the fairness of the dismissal itself, the case serves as a reminder that employees facing criminal charges may still be entitled to a fair process. The claimant might have been able to challenge the dismissal if she had filed on time.
For employees in similar situations, the lesson is clear: act quickly to preserve your rights. Even if you are in prison, you can authorise a trusted person to contact ACAS and submit a claim. Waiting until you are free will almost certainly be too late.
Why the result matters
This decision reinforces that the 'not reasonably practicable' test is a high hurdle. Tribunals will consider the specific obstacles a claimant faced, but they expect proactive steps to meet deadlines. The case also shows that imprisonment alone does not automatically extend the time limit – the key is whether the claimant had the means to bring a claim through others.
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