Teaching assistant's disability discrimination claim dismissed as too late
A teaching assistant who resigned in September 2021 waited over 11 months to start ACAS early conciliation. The tribunal refused to extend time, dismissing her disability discrimination claim as out of time.
1 min read · Last updated 18 May 2026
Case details
- #disability-discrimination
- #unfair-dismissal-withdrawn
- #time-limit
- #just-and-equitable
- #mental-health
Key facts
- The claimant was employed as a teaching assistant from 20 April 2020 to 8 September 2021.
- She attended a welfare meeting on 15 December 2020 and an establishing the facts meeting on 10 June 2021.
- She resigned on 8 September 2021 and started a new job later that month.
- ACAS early conciliation was notified on 31 August 2022, over 11 months after termination.
- The ET1 was initially rejected and accepted on 15 November 2022.
- The claimant withdrew her unfair dismissal claim before the hearing.
Timeline
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Employment commenced
Claimant started work as a teaching assistant for Hospital and Home Education.
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Tested positive for Covid
Claimant tested positive for Covid-19.
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Informal welfare meeting
Claimant attended an informal welfare meeting regarding her absence; adjustments were made.
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Establishing the facts meeting
Claimant attended a meeting regarding an incident involving access to confidential patient information.
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Effective date of termination
Claimant resigned and was allowed to leave without serving notice.
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ACAS early conciliation notified
Claimant notified ACAS of her claim.
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ACAS certificate issued
Early conciliation certificate issued.
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ET1 presented
Claimant lodged her ET1, which was initially rejected.
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Claim accepted
ET1 accepted after reconsideration.
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Preliminary hearing
Open preliminary hearing to determine jurisdiction and time limit issues.
The legal issue
The tribunal had to decide whether it was just and equitable to extend the three-month time limit for bringing a disability discrimination claim, given the claimant's mental health difficulties and the significant delay.
The outcome
The tribunal dismissed the claim as it was presented far outside the statutory time limit.
- The claimant resigned on 8 September 2021 but did not notify ACAS until 31 August 2022, over 11 months later.
- The claim was not accepted until 15 November 2022, more than 14 months after termination.
- The tribunal considered the claimant's mental health but found she had capacity to bring proceedings earlier, as she had started a new job and engaged with other processes.
- The claimant's unfair dismissal claim was withdrawn before the hearing.
Lessons & takeaways
- Employment tribunal claims must be brought within three months of the act you are complaining about, less one day – including the ACAS early conciliation period.
- If you have a disability that affects your ability to bring a claim, gather medical evidence early to support an extension of time request.
- Delays caused by representative illness or administrative errors are unlikely to excuse a very late claim unless you have taken reasonable steps to progress it.
- Withdrawing other claims (like unfair dismissal) does not automatically help with time limits for discrimination claims.
A claim that arrived too late
This case shows how strictly employment tribunals apply time limits, even when a claimant has health difficulties. The teaching assistant resigned in September 2021 but waited until August 2022 to contact ACAS – over 11 months later. By the time her claim was accepted, it was more than 14 months after her employment ended.
She argued that her mental health (anxiety and depression) made it impossible to bring the claim sooner. However, the tribunal noted that she had started a new job soon after resigning and had been able to engage with other processes. The judge found that she had capacity to bring proceedings earlier and that the delay was simply too long to extend time on a just and equitable basis.
What the respondent did right
Hospital and Home Education did not have to defend the merits of the discrimination claim because the time limit issue was fatal. The tribunal struck out the claim without needing to examine whether there had been disability discrimination or a failure to make reasonable adjustments.
What this means for others
If you think you have a discrimination claim, act quickly. The three-month time limit is short and includes the ACAS early conciliation period. If your health prevents you from acting, seek legal advice and obtain medical evidence as soon as possible. A tribunal may extend time in exceptional circumstances, but a delay of many months – especially when you have been able to work and manage other tasks – is unlikely to be forgiven.
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