Ignorance of time limits not enough for unfair dismissal but disability claim allowed
A former employee who missed the deadline for his unfair dismissal claim because he didn't know about the three-month limit was able to proceed with his disability discrimination claim on 'just and equitable' grounds.
2 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant was dismissed on 17 June 2022.
- The claimant has anxiety and depression, accepted as a disability by the respondent.
- The claimant did not know about employment tribunal time limits until 21 September 2022.
- The claimant submitted his claim on 11 October 2022, after early conciliation.
- The unfair dismissal claim was dismissed as not reasonably practicable to bring in time.
- Time was extended for disability discrimination claims relating to dismissal on just and equitable grounds.
Timeline
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Dismissal
The claimant was dismissed from his employment with Gist Ltd.
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Learned of time limits
The claimant was told by a former union representative about the three-month time limit for tribunal claims.
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Early conciliation started
The claimant contacted ACAS and early conciliation began.
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Early conciliation ended
ACAS notified the claimant that the respondent refused early conciliation.
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Claim submitted
The claimant submitted his employment tribunal claim.
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Hearing
The tribunal heard the case on time limits and other matters.
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Judgment issued
The tribunal dismissed all claims except direct disability discrimination and discrimination arising from disability in relation to dismissal.
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Reconsideration request
The claimant applied for reconsideration of the judgment.
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Reconsideration refused
Employment Judge Anstis refused the reconsideration application.
The legal issue
The tribunal had to decide whether to extend the time limits for an unfair dismissal claim and a disability discrimination claim where the claimant did not know about the time limits until after they had expired.
The outcome
The tribunal dismissed the unfair dismissal claim because it was not reasonably practicable to bring it within the three-month time limit. The claimant knew about employment tribunals and could have found out about time limits, and his anxiety and depression did not prevent him from doing so.
However, the tribunal allowed the disability discrimination claims (direct discrimination and discrimination arising from disability) in relation to the dismissal to proceed. The time limit for discrimination claims can be extended if it is 'just and equitable' to do so, and the tribunal exercised that discretion here.
No compensation was awarded at this stage as the claims were allowed to proceed to a full hearing.
Lessons & takeaways
- Ignorance of time limits is not usually a valid reason for missing the deadline for an unfair dismissal claim – you are expected to find out.
- For disability discrimination claims, the tribunal has a wider discretion to extend time if it is 'just and equitable', which may help claimants who acted promptly once they learned of the time limit.
- If you have a disability that affects your ability to research or act, gather medical evidence to support why you could not reasonably have brought your claim in time.
- Internal appeals do not pause the tribunal time limit – you must still submit your claim within three months of dismissal, even if an appeal is ongoing.
- Seek advice early – a former union representative told this claimant about time limits, but by then it was too late for his unfair dismissal claim.
This case highlights the strictness of time limits in employment tribunals, particularly for unfair dismissal claims. The former employee, who suffered from anxiety and depression, was dismissed by Gist Ltd on 17 June 2022. He did not know about the three-month time limit until 21 September 2022, when a former union representative told him. He immediately started early conciliation and submitted his claim on 11 October 2022 – but by then the unfair dismissal deadline had passed.
Why the unfair dismissal claim failed
The tribunal accepted that the claimant's anxiety and depression made him focus on internal appeals rather than researching tribunal deadlines. However, the test for extending time for unfair dismissal is strict: it must have been 'not reasonably practicable' to bring the claim in time. The tribunal found that the claimant knew about employment tribunals and could have found out about time limits with minimal effort. His condition did not prevent him from doing so, and he was not misled by anyone. Therefore, the unfair dismissal claim was dismissed.
The disability discrimination claim survived
For discrimination claims, the tribunal has a broader discretion to extend time if it is 'just and equitable'. Here, the claimant acted promptly once he learned of the time limit, and his disability contributed to the delay. The tribunal allowed his claims of direct disability discrimination and discrimination arising from disability in relation to his dismissal to proceed to a full hearing. This shows that even where an unfair dismissal claim fails on time limits, a linked discrimination claim may still be viable.
What this means for similar claims
This case is a reminder that time limits are unforgiving. If you are dismissed and think you may have a claim, you should seek advice immediately – even if you are pursuing an internal appeal. The three-month clock starts ticking from the date of dismissal. For discrimination claims, the tribunal has more flexibility, but you should still act as soon as possible. If your mental health affects your ability to act, keep records and seek support to show why you could not bring your claim in time.
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