Supermarket assistant dismissed after 2.5 years sick leave: claim thrown out for lateness and non-attendance
A supermarket assistant who was dismissed after nearly two and a half years of sickness absence had his unfair dismissal claim rejected because he presented it too late and failed to attend the preliminary hearing.
1 min read · Last updated 18 May 2026
Key facts
- The claimant was employed as a Supermarket Assistant from 1 April 2019 until dismissal on 18 October 2022.
- The claimant was absent due to sickness from early 2020 until dismissal, a period of nearly two and a half years.
- The claimant presented his claim on 13 February 2023, outside the primary time limit.
- The claimant did not attend the preliminary hearing on 28 July 2023 and provided no medical evidence for his absence.
- The respondent paid the claimant three weeks' notice pay.
Timeline
-
Employment started
The claimant began working as a Supermarket Assistant at John Lewis's Waitrose store in Newmarket.
-
Sickness absence began
The claimant started a continuous period of sickness absence at the end of January/beginning of February 2020.
-
Brief return to work
The claimant returned to work briefly in May 2020 but it was premature and he had to stop working again.
-
Dismissal
The claimant was dismissed by the respondent due to long-term sickness absence.
-
Claimant informed of dismissal
The claimant was first informed that he had been dismissed in absentia.
-
Referred to Employment Tribunal
The respondent's head of appeals told the claimant his only option was to make a claim to the Employment Tribunal.
-
Early conciliation started
The claimant requested an Acas early conciliation certificate.
-
Claim presented
The claimant presented his claim form to the Employment Tribunal.
-
Preliminary hearing
A preliminary hearing was held by telephone. The claimant did not attend and the tribunal dismissed his claims.
The legal issue
The tribunal had to decide whether to strike out the claimant's unfair and wrongful dismissal claims after he failed to attend a preliminary hearing and his claim was presented more than three months after dismissal.
The outcome
The tribunal dismissed both the unfair dismissal and wrongful dismissal claims.
The key reasons were:
- The claim was presented on 13 February 2023, more than three months after the effective date of termination (18 October 2022, or 25 October 2022 at the latest). Early conciliation started too late to extend the time limit.
- The claimant did not attend the preliminary hearing on 28 July 2023, despite being asked to provide medical evidence for his non-attendance. He provided none.
No compensation was awarded as the claims were dismissed.
Lessons & takeaways
- Employment tribunal claims must be presented within three months of the dismissal date – early conciliation with Acas does not extend this if started after the deadline.
- If you cannot attend a tribunal hearing, you must provide medical evidence to support a postponement request; a simple email stating illness is unlikely to be enough.
- Long-term sickness absence can lead to fair dismissal for capability, but employers should follow a proper process and consider reasonable adjustments.
- Representing yourself at tribunal is possible, but missing deadlines or hearings can result in your claim being struck out without consideration of the merits.
A claim that never got off the ground
This case shows how procedural missteps can sink a claim before the tribunal ever looks at the facts. The claimant, a supermarket assistant for John Lewis, had been off sick for nearly two and a half years. He was dismissed in October 2022. By the time he presented his unfair dismissal claim in February 2023, the three-month time limit had already passed.
What went wrong
The claimant did not start early conciliation with Acas until 9 February 2023, which was too late to stop the clock. Even using the later date of 25 October 2022 (when he says he learned of his dismissal), the time limit had expired. The tribunal had no discretion to extend it.
Matters were made worse when the claimant failed to attend the preliminary hearing. He emailed a postponement request citing illness but provided no medical evidence. Employment Judge Graham refused the request and told him to supply a GP letter. He did not. On the day, the judge tried to call him but got no answer. Under rule 47, the tribunal can dismiss a claim if a party fails to attend without good reason.
What this means for similar cases
For anyone considering an unfair dismissal claim, the key lesson is to act fast. The three-month window starts from the effective date of termination – not from when you finally decide to claim. If you need to use Acas early conciliation, start it well before the deadline, not after. And if you ask for a postponement, back it up with proper medical evidence. Without it, the tribunal is unlikely to wait.
The case also highlights that long sickness absence can be a fair reason for dismissal if the employer has followed a proper capability process. Here, John Lewis paid three weeks' notice pay, but the tribunal never reached the question of fairness because the claim was out of time.
Similar cases
Wage shortfall, unpaid leave and notice pay: a former employee wins £18k after employer goes into liquidation
A former employee who was owed wages, holiday pay and notice pay has been awarded £18,318.14 after their employer entered voluntary liquidation and did not defend the claim.
Managing director dismissed by email: £25,000 for wrongful dismissal but protected disclosure claim fails
A managing director with a six-month notice period was dismissed by email after raising concerns about unpaid expenses and pension contributions. The tribunal awarded £25,000 for wrongful dismissal but rejected his protected disclosure claim.
Charity founder dismissed after blowing the whistle: a case of time limits and constructive dismissal
A general manager who resigned over a hostile working environment was later dismissed for gross misconduct. The tribunal found he was wrongfully dismissed but his whistleblowing claim failed because it was brought too late.
Dismissed during long-term sick leave: claims thrown out for missing tribunal deadlines
A production operative with 13 years' service was dismissed for capability due to ill health after a telephone meeting. Most of her claims were struck out as out of time, but one disability discrimination claim will proceed.