Tribunal refuses to strike out claim despite offensive language and delays
A former employee's unfair dismissal and discrimination claim survives a strike-out bid, with the tribunal ruling that a fair trial remains possible despite abusive correspondence and procedural delays.
2 min read · Last updated 18 May 2026
Case details
- #disability-discrimination
- #religion-or-belief-discrimination
- #unfair-dismissal
- #strike-out
- #early-conciliation
- #limitation
- #abusive-language
Key facts
- Ms Breed was employed from September 2017 until 31 October 2020.
- She was dismissed for some other substantial reason, namely a breakdown in working relationships.
- She presented her claim on 5 January 2021, within the primary limitation period.
- The respondent applied to strike out the claim on several jurisdictional grounds.
- The claimant used offensive language in correspondence, which she attributed to her disability.
- The tribunal found that a fair trial was still possible despite delays.
Timeline
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Employment started
Ms Breed began working for Altran UK Ltd.
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Ways of Working document created
A document called 'Ways of Working' was created to provide workplace ground rules for the claimant.
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Early conciliation started
Ms Breed contacted ACAS to start early conciliation (Day A).
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Early conciliation certificate issued
ACAS issued an early conciliation certificate (Day B).
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Graphic image sent
Ms Breed emailed two colleagues a distressing graphic image, leading to her suspension.
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Disciplinary meeting
A disciplinary meeting was held; the claimant did not attend.
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Dismissal decision
Ms Breed was informed of her dismissal for a breakdown in working relationships.
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Dismissal effective
Ms Breed's employment ended.
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Claim presented
Ms Breed presented her ET1 claim for unfair dismissal and discrimination.
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Full grounds provided
Ms Breed submitted her full pleaded grounds of claim.
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Preliminary hearing
The tribunal heard the respondent's strike-out applications.
The legal issue
The tribunal had to decide whether to strike out the claim because it was presented late, not covered by early conciliation, or because the claimant's abusive conduct made a fair trial impossible.
The outcome
The tribunal dismissed the respondent's applications to strike out the claim.
- The claim was presented within the primary limitation period (5 January 2021, less than 3 months after dismissal on 31 October 2020).
- Early conciliation covered the dismissal because it was part of an ongoing dispute about disability discrimination.
- Although the claimant used offensive language, a fair trial was still possible, especially with an intermediary to be appointed.
- No compensation was awarded as the claim proceeds to a full hearing.
Lessons & takeaways
- Offensive language in correspondence does not automatically lead to strike-out if a fair trial remains possible.
- Early conciliation can cover later events if they are part of the same ongoing dispute.
- Presenting a claim within three months of dismissal is crucial to avoid limitation arguments.
- Tribunals are reluctant to strike out claims without a full hearing, especially when the claimant is unrepresented.
A case that survived despite difficult circumstances
This case shows that employment tribunals will not easily strike out a claim, even when the claimant has used abusive language and there have been significant delays. The former employee, who had three years' service, was dismissed for a breakdown in working relationships after sending a distressing graphic image to colleagues. She brought claims for unfair dismissal and discrimination, but the employer applied to strike them out on several technical grounds.
What the tribunal decided
The tribunal rejected each of the employer's arguments. It found that the claim was presented in time – the employee filed her ET1 on 5 January 2021, well within the three-month limit from her dismissal on 31 October 2020. The early conciliation process, started in July 2020, was held to cover the dismissal because it was part of the same ongoing dispute about disability discrimination. The tribunal also refused to strike out the claim on the basis of the claimant's offensive language in correspondence, noting that a fair trial was still possible, particularly with the appointment of an intermediary to assist her.
Why this matters
This decision is a reminder that strike-out applications are a high bar for employers. Tribunals will look at the substance of the case and whether a fair hearing can be achieved, rather than punishing a claimant for poor conduct or procedural missteps. For employees considering a claim, the key takeaway is to present your claim on time and engage with early conciliation – but even if things get messy, the tribunal may still give you a hearing.
What the employer could have done differently
Altran UK Ltd could have focused on the merits of the case rather than technical strike-out arguments. The tribunal noted that the case had already been delayed for over two years, partly due to these applications. A more efficient approach might have been to prepare for the full hearing, where the employer could have argued that the dismissal was fair and that there was no discrimination.
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