Short-service temporary worker loses discrimination claim after missing time limit by months
A temporary worker who was dismissed after two months with Barclays had his race discrimination claim struck out because he presented it over nine months late. The tribunal found no just and equitable reason to extend time.
1 min read · Last updated 18 May 2026
Key facts
- The claimant was employed on a temporary assignment from 15 April to 15 June 2021.
- The claimant complained of unfair dismissal and race discrimination.
- The unfair dismissal claim was struck out because the claimant had less than two years' service.
- The race discrimination claim was presented to the tribunal on 22 April 2022, over 9 months after the three-month time limit expired.
- The claimant did not contact ACAS until 1 March 2022, well after the primary time limit had passed.
- The tribunal found no just and equitable reason to extend time for the discrimination claim.
Timeline
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Assignment started
Claimant began a 6-month temporary assignment with Barclays.
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Assignment terminated
Claimant's assignment ended early; this is the last date of alleged discrimination.
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Primary time limit expired
Three-month deadline for bringing a discrimination claim passed.
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Grievance raised
Claimant raised a grievance with Barclays alleging unfair dismissal due to race.
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Grievance outcome
Barclays informed claimant that internal process was complete and no further action would be taken.
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ACAS early conciliation started
Claimant contacted ACAS to begin early conciliation.
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ACAS certificate issued
Early conciliation certificate issued.
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Claim presented
Claimant submitted his claim to the Employment Tribunal.
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Unfair dismissal struck out
Employment Judge Gardiner struck out the unfair dismissal claim due to insufficient service.
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Preliminary hearing
Employment Judge Jones heard the time limit issue and struck out the race discrimination claim as out of time.
The legal issue
Whether the tribunal had jurisdiction to hear a race discrimination claim that was presented over nine months after the three-month time limit, and whether it was just and equitable to extend time.
The outcome
The tribunal struck out both the unfair dismissal and race discrimination claims.
- Unfair dismissal: struck out because the claimant had less than two years' service, as required by section 108 of the Employment Rights Act 1996.
- Race discrimination: struck out because it was presented on 22 April 2022, over nine months after the three-month time limit expired on 14 September 2021. The claimant did not contact ACAS until 1 March 2022, well after the primary time limit. The tribunal found no just and equitable reason to extend time.
- No compensation was awarded as the claims were dismissed.
Lessons & takeaways
- If you think you have a discrimination claim, act quickly — the time limit is three months from the last act of discrimination, and ACAS early conciliation must be started before that deadline.
- Short-service employees (under two years) cannot bring unfair dismissal claims, but they can still bring discrimination claims — as long as they are in time.
- Raising a grievance with your employer does not pause or extend the tribunal time limit for discrimination claims.
- If you miss the time limit, you must persuade the tribunal that it is 'just and equitable' to extend it — simply disagreeing with the rule is not enough.
A short assignment, a long delay
This case highlights a harsh reality for temporary workers: even if you believe you have been discriminated against, the clock starts ticking the moment the alleged discrimination ends. The claimant was on a six-month temporary assignment with Barclays, but it ended early on 15 June 2021. He did not bring his race discrimination claim to the tribunal until 22 April 2022 — over nine months later.
By then, the three-month time limit had long passed. The tribunal noted that the claimant had not even contacted ACAS for early conciliation until 1 March 2022, well after the primary deadline of 14 September 2021. The claimant argued that time limits should not apply in discrimination claims, but the tribunal rejected that view.
What could have been done differently
The claimant could have preserved his claim by starting ACAS early conciliation before the three-month deadline expired. Even if he wanted to pursue an internal grievance first, that does not stop the tribunal clock. The safest approach is to lodge a tribunal claim or start conciliation within the time limit, then continue with internal processes in parallel.
Why this matters
This case is a reminder that employment tribunals take time limits seriously. The 'just and equitable' extension is not a safety net for those who delay without good reason. For anyone considering a discrimination claim, the message is clear: act promptly, or risk losing the right to bring your case at all.
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