18-year teaching assistant loses unfair dismissal claim after missing deadline by five weeks
A teaching assistant dismissed for a Facebook post about her school was too late to bring an unfair dismissal claim. The tribunal ruled it was reasonably practicable for her to have filed in time, despite her stress and anxiety.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant was employed from May 2003 until summary dismissal on 15 July 2021 for gross misconduct.
- The claimant made a public Facebook post about the school on 17 May 2022 which led to disciplinary action.
- The effective date of termination was 15 July 2021; the primary time limit expired on 14 October 2021, extended to 30 October 2021 due to ACAS conciliation.
- The claimant did not present her claim until 6 December 2021, over five weeks after the extended deadline.
- The tribunal found it was reasonably practicable for the claimant to have presented her claim in time, given her access to multiple sources of advice.
- The claimant's illness did not materially impact her ability to present the claim in time.
Timeline
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Employment started
Claimant began working for the respondent as a Teaching and Learning Assistant.
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Facebook post
Claimant made a public post on Facebook about the school, leading to investigation.
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Sick leave started
Claimant signed off work for stress and anxiety, continuing until 27 December 2021.
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Disciplinary hearing
Held in claimant's absence; decision to dismiss for gross misconduct.
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Effective date of dismissal
Claimant received dismissal letter; summary dismissal without notice.
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ACAS conciliation started
Claimant commenced ACAS early conciliation.
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ACAS certificate issued
ACAS conciliation ended; time limit extended to 30 October 2021.
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First appeal hearing scheduled
Claimant declined to attend as her representative was unavailable.
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Appeal hearing
Appeal hearing held; claimant attended, but her representative did not.
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Appeal dismissed
Respondent confirmed appeal outcome in letter.
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Claim form presented
Claimant lodged unfair dismissal claim with the tribunal.
The legal issue
The tribunal had to decide whether the claimant's unfair dismissal claim was presented within the statutory time limit, and if not, whether it was not reasonably practicable for her to have presented it in time and whether she presented it within a reasonable period thereafter.
The outcome
The tribunal decided that the claim was presented out of time and that it was reasonably practicable for the claimant to have presented it within the extended deadline.
- The effective date of termination was 15 July 2021, making the primary deadline 14 October 2021, extended to 30 October 2021 due to ACAS conciliation.
- The claimant did not present her claim until 6 December 2021, over five weeks late.
- The tribunal found that the claimant had access to advice from ACAS, her trade union, and her lay representative, and that her stress and anxiety did not materially impact her ability to file on time.
- The claim was struck out for lack of jurisdiction.
Lessons & takeaways
- Time limits for unfair dismissal claims are strict: you generally have three months from the effective date of termination, minus one day, with a possible extension for ACAS conciliation.
- If you are unwell, seek advice early and keep records of any steps you take to pursue your claim — the tribunal will consider whether it was reasonably practicable for you to file in time.
- Relying on an ongoing internal appeal does not automatically extend the time limit for bringing a tribunal claim.
- Access to multiple sources of advice (e.g., ACAS, union, solicitor) can weigh against a finding that it was not reasonably practicable to file on time.
A costly delay
This case shows how strictly employment tribunals apply time limits, even when the claimant is suffering from stress and anxiety. The teaching assistant, who had 18 years' service, was dismissed in July 2021 after making a public Facebook post about her school. She was signed off sick from June 2021 for stress and anxiety, and her appeal was not dismissed until November 2021. However, the tribunal found that she had enough support — from ACAS, her trade union, and a lay representative — to have presented her claim by the extended deadline of 30 October 2021. By waiting until 6 December, she missed the window by over five weeks.
What the employer did right
The respondent, Southend East Community Academy Trust, acted promptly to flag the time issue. The tribunal noted that the claimant had been in contact with ACAS and had received advice. Her illness, while real, did not prevent her from taking steps — she had prepared handwritten notes and had attended the appeal hearing. The tribunal concluded that it was reasonably practicable for her to have filed in time, and that the delay was not justified.
What this means for similar claims
For anyone considering an unfair dismissal claim, the key lesson is to act quickly. The three-month time limit (including the ACAS extension) is unforgiving. Even if you are unwell, you should seek legal advice as soon as possible and aim to file your claim well before the deadline. Relying on an internal appeal to resolve matters can be risky — the clock does not stop. If you miss the deadline, you will need to show that it was not reasonably practicable to file in time, which is a high bar to clear.
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