Student nurse's harassment and dismissal claims thrown out for being over 8 months late
A student nurse who waited over eight months to bring claims of unfair dismissal and sexual harassment against Guy's and St Thomas' NHS Trust has had all his claims dismissed as out of time.
1 min read · Last updated 18 May 2026
Case details
- #student-nurse
- #placement
- #sexual-harassment-allegation
- #no-medical-evidence
- #time-limit
- #dismissed
Key facts
- The claimant was a Student Nurse on placement with the first respondent from 27 July 2020 to 30 September 2020, then worked as an Aspirant Nurse from 26 October 2020 to 31 December 2020.
- The claimant presented his first claim on 3 December 2021, which was at least eight months after the three-month time limit from the end of his employment.
- The claimant presented a second claim on 14 March 2022, which was over 11 months out of time.
- The claimant alleged he was sexually harassed during his placement and suffered symptoms including anxiety, insomnia, and flashbacks, but provided no medical evidence.
- The tribunal found the claimant's explanation for the delay insufficient and that it was reasonably practicable for him to bring claims in time.
- The tribunal dismissed all claims as out of time and refused the claimant's application to amend.
Timeline
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Placement start
Claimant started a placement with the first respondent as a Student Nurse.
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Placement end
Claimant's placement with the first respondent ended.
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Aspirant Nurse start
Claimant began working as an Aspirant Nurse for the first respondent.
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Employment end
Claimant's employment with the first respondent ended.
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Early conciliation start (Claim 1)
Claimant began early conciliation with ACAS for the first respondent.
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Early conciliation certificate (Claim 1)
ACAS early conciliation certificate issued for Claim 1.
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Claim 1 presented
Claimant presented his first claim (unfair dismissal, discrimination, breach of contract) against all three respondents.
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Strike out warning
Tribunal wrote to claimant noting insufficient service for unfair dismissal and considering strike out.
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Early conciliation start (Claim 2)
Claimant began early conciliation against all three respondents for a second claim.
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Claim 2 presented
Claimant presented second claim (including sexual orientation discrimination and sexual harassment) against first and third respondents.
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Amendment application
Claimant applied to amend Claim 2 to add second respondent and a whistleblowing claim.
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Preliminary hearing
Employment Judge Morton heard submissions on time limits and jurisdiction.
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Judgment issued
Tribunal dismissed all claims as out of time.
The legal issue
The tribunal had to decide whether the claimant's claims of unfair dismissal, discrimination, and breach of contract were brought within the statutory time limits, and if not, whether time should be extended.
The outcome
The tribunal dismissed all of the claimant's claims as out of time. The claimant had presented his first claim over eight months after his employment ended, and a second claim over 11 months late. The tribunal found that the claimant's explanation – that he suffered from anxiety, insomnia, and flashbacks – was not supported by any medical evidence, and that it was reasonably practicable for him to have brought his claims in time. The tribunal also refused his application to amend his claim to add a whistleblowing claim. No compensation was awarded.
Lessons & takeaways
- Employment tribunal claims must be brought within three months of the act you are complaining about – missing this deadline can be fatal to your case.
- If you are relying on ill health as a reason for delay, you must provide medical evidence to support your claim.
- Early conciliation with ACAS can extend the time limit slightly, but you must still start the process promptly.
- Seeking legal advice early can help you understand the strict time limits and avoid losing your right to claim.
A case of missed deadlines
This case shows how strictly employment tribunals apply time limits. The claimant, a student nurse on placement with Guy's and St Thomas' NHS Trust, alleged he was sexually harassed and later dismissed. However, he did not bring his claims until over eight months after his employment ended – far beyond the three-month limit.
The tribunal acknowledged that the claimant said he suffered from anxiety, insomnia, and flashbacks. But without any medical evidence to back this up, the judge was not satisfied that it was not reasonably practicable for him to have brought his claims in time. The tribunal also noted that the claimant had been able to engage with ACAS and prepare lengthy legal submissions, which suggested he was capable of acting sooner.
What the trust did right
The trust, represented by counsel, successfully argued that the claims were out of time and that there was no good reason to extend the deadline. The tribunal agreed, dismissing all claims – including unfair dismissal, discrimination, and breach of contract – as well as refusing an application to add a whistleblowing claim.
What this means for similar claims
This case is a stark reminder that time limits in employment tribunals are not flexible. If you miss the three-month window, you will need a very strong reason – supported by evidence – to persuade a tribunal to hear your case. The fact that the claimant was a student nurse acting in person did not excuse the delay. Anyone considering a tribunal claim should act quickly and seek advice as soon as possible.
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