Teacher's unfair dismissal and discrimination claims thrown out as too late
A teacher who brought claims for unfair dismissal, disability and race discrimination, and failure to deal with a flexible working request had all her claims dismissed because they were presented to the tribunal too late.
1 min read · Last updated 18 May 2026
Case details
- #disability-discrimination
- #flexible-working
- #race-discrimination
- #unfair-dismissal
- #out-of-time
- #trade-union-representation
Key facts
- The claimant was employed as a teacher from 25 August 2016 until 31 May 2021.
- The claimant was dismissed following a Stage Three Absence Management Hearing on 26 March 2021.
- The respondent paid the claimant in lieu of notice, ending her employment on 31 May 2021.
- The claimant submitted a flexible working request on 22 March 2021, which was not formally decided.
- The claimant started Early Conciliation on 8 November 2021 and presented her claim on 16 December 2021.
- All claims were presented outside the primary time limits, and no extension was granted.
Timeline
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Employment started
The claimant began working as a Teacher of Modern Foreign Languages at New College Leicester.
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Flexible working request submitted
The claimant submitted a formal request to reduce her working hours from five to four days a week.
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Flexible working request acknowledged
The respondent acknowledged receipt of the flexible working request.
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Stage Three Absence Management Hearing
The claimant did not attend; her trade union representative attended. The outcome was dismissal.
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Dismissal letter sent
The respondent confirmed the dismissal in writing, stating notice would expire on 31 August 2021.
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Appeal hearing
Neither the claimant nor her representative attended the appeal hearing.
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Appeal outcome letter
The appeal was unsuccessful; the letter confirmed termination on 31 August 2021.
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Payment in lieu of notice notified
The respondent emailed the claimant stating it was invoking the right to pay in lieu, making the effective date of termination 31 May 2021.
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Claimant collected belongings
The claimant collected her personal belongings from the college.
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Payment in lieu of notice made
The respondent made the final payment in lieu of notice.
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Early Conciliation started
The claimant began Early Conciliation with ACAS.
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Early Conciliation certificate issued
The Early Conciliation process ended.
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Claim presented to Tribunal
The claimant presented her claim to the Employment Tribunal.
The legal issue
The tribunal had to decide whether the teacher's claims were filed within the time limits set by law, and if not, whether an extension should be granted.
The outcome
The tribunal dismissed all claims as out of time.
- The teacher started Early Conciliation on 8 November 2021 and presented her claim on 16 December 2021.
- The tribunal found that the effective date of termination was 31 May 2021 (when she was paid in lieu of notice), not 31 August 2021 as she argued.
- For the discrimination claims, the last alleged act was 22 March 2021, and the dismissal itself was not pleaded as discriminatory.
- No extension was granted because the teacher gave no explanation for the delay and did not give evidence at the hearing.
Lessons & takeaways
- Time limits for employment tribunal claims are strict – most must be brought within three months of the act complained of (less for early conciliation).
- The effective date of termination may be earlier than you think if you are paid in lieu of notice – check the date your pay stops.
- If you miss the deadline, you must provide a good reason for the delay and be prepared to give evidence to support it.
- A flexible working request does not extend the time limit for bringing a claim about it – you still need to act within three months of the employer's decision.
- Union representatives should ensure they understand the time limit rules and advise claimants to act promptly.
A case of missed deadlines
A teacher of modern foreign languages at New College Leicester was dismissed following a stage three absence management hearing in March 2021. She believed her employment ended on 31 August 2021, but the college paid her in lieu of notice, making the effective date of termination 31 May 2021. She did not start early conciliation until 8 November 2021, and presented her claim on 16 December 2021 – well outside the three-month limit for unfair dismissal.
The teacher also brought claims for disability discrimination, race discrimination, and failure to deal with a flexible working request. The flexible working request had been submitted on 22 March 2021, and the appeal against dismissal was rejected on 29 April 2021. The tribunal found that all these acts occurred before 9 August 2021, meaning the claims were out of time.
Why the tribunal refused to extend time
At the preliminary hearing, the teacher's union representative chose not to call her to give evidence. The tribunal noted that this was unusual and that her evidence could have helped explain why the claims were late. Without any explanation for the delay, the tribunal concluded it was not just and equitable to extend time for the discrimination claims, and that it had been reasonably practicable to bring the unfair dismissal and flexible working claims in time.
What this means for similar claims
This case is a stark reminder that employment tribunal time limits are strictly enforced. Claimants should act quickly, especially if they are paid in lieu of notice, as the effective date of termination may be earlier than expected. It also shows that failing to provide a reason for delay – and not giving evidence to support it – will almost certainly result in the claim being dismissed.
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