Race discrimination claim dismissed after social worker missed time limit
An experienced social worker's race discrimination and constructive dismissal claims against Devon County Council were dismissed because she presented her claim too late, and the tribunal refused to extend time.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant was a qualified social worker employed as an Assistant Team Manager from 7 July 2021 to 25 May 2022.
- She resigned on 16 May 2022, claiming constructive dismissal due to race discrimination.
- She commenced ACAS early conciliation on 20 August 2022 and presented her claim on 21 November 2022.
- The tribunal found that the claimant knew of the three-month time limit but mistakenly believed she had an indefinite period after the ACAS certificate.
- The claimant had access to legal advice throughout and was able to work in a demanding role during the relevant period.
- The tribunal held it was not just and equitable to extend time, so the claim was dismissed.
Timeline
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Employment started
Claimant began working as an Assistant Team Manager through an agency.
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First alleged discrimination
Ms Giblin shouted at a black team manager about recruitment.
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First protected act
Claimant emailed Fran Giblin complaining about discrimination.
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Alleged discriminatory comments
Ms Tomegea made dismissive comments about claimant's interest in a manager role.
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Further alleged discrimination
Claimant applied for Team Manager role but was not interviewed; also allocated a case with racist abuse.
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Resignation
Claimant resigned, claiming constructive dismissal.
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Employment ended
Claimant's employment ended.
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ACAS early conciliation started
Claimant contacted ACAS.
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ACAS certificate issued
Early Conciliation Certificate issued.
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Claim presented
Claim form presented to tribunal.
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Hearing on time limits
Tribunal heard evidence and submissions on whether to extend time.
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Judgment issued
Tribunal dismissed the claim as out of time.
The legal issue
The tribunal had to decide whether the claimant's race discrimination and constructive dismissal claims were brought within the legal time limit, and if not, whether it was fair to extend that limit.
The outcome
The tribunal dismissed the claim as out of time.
The claimant resigned in May 2022, alleging constructive dismissal due to race discrimination. She started ACAS early conciliation on 20 August 2022 and presented her claim on 21 November 2022 – well beyond the three-month time limit from the last act of discrimination.
Although the claimant said she misunderstood the time limit, the tribunal found she had access to legal advice and could have acted sooner. It decided it was not just and equitable to extend time.
No compensation was awarded as the claim was dismissed.
Lessons & takeaways
- The three-month time limit for bringing an employment tribunal claim is strict – even a short delay can be fatal.
- ACAS early conciliation pauses the clock, but you must still present your claim within the overall time limit once the certificate is issued.
- Mistaking the time limit is not usually a good reason for an extension, especially if you had access to legal advice.
- If you are considering a claim, seek advice early and keep track of key dates – the tribunal has little sympathy for avoidable delays.
A case of too little, too late
This case shows how strictly employment tribunals apply time limits, even when the underlying allegations are serious. The claimant, a qualified social worker with over 20 years' experience, alleged she was forced to resign because of race discrimination by managers at Devon County Council. But by the time she presented her claim, the deadline had passed.
The tribunal found that the claimant knew about the three-month time limit but mistakenly believed she had an indefinite period after receiving her ACAS early conciliation certificate. In fact, the clock stops only during the conciliation period itself; once the certificate is issued, you must still act promptly.
What the claimant could have done differently
The tribunal noted that the claimant had access to legal advice throughout and was capable of managing a demanding job. She could have presented her claim much sooner. While the tribunal had discretion to extend time if it was 'just and equitable', it decided not to – the delay was significant and the explanation was not compelling.
Why this matters
For anyone considering an employment tribunal claim, this case is a stark reminder: time limits are not flexible. Even a genuine misunderstanding will not usually save a late claim. The best advice is to act quickly, seek legal advice early, and never assume you have more time than you think.
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