Unfair dismissal claim struck out as eight months late despite depression and appeal delay
A former employee's unfair dismissal claim was struck out because it was presented eight and a half months after the three-month time limit expired. The tribunal found that neither his depression nor the ongoing internal appeal made it 'not reasonably practicable' to file on time.
2 min read · Last updated 18 May 2026
Key facts
- The claimant was dismissed on 17 January 2022 due to uncertainty over his right to work in the UK.
- The claimant appealed the dismissal on 25 January 2022, and the appeal was dismissed on 13 December 2022.
- The claimant suffered from depression which flared up in April 2022 and improved by July 2022.
- The claimant began ACAS Early Conciliation on 22 December 2022 and presented his claim on 12 January 2023.
- The primary time limit for the unfair dismissal claim expired on 29 April 2022, making the claim about eight and a half months late.
Timeline
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Suspension
The claimant was suspended from work because his right to work in the UK was unclear.
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Meeting about right to work
The respondent met with the claimant to discuss his right to work, but the position remained unclear.
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Dismissal
The respondent dismissed the claimant with immediate effect by letter dated 17 January 2022.
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Appeal lodged
The claimant appealed the dismissal.
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Primary limitation expiry
The three-month time limit for presenting an unfair dismissal claim expired.
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Depression flare-up
The claimant's depression flared up and he went onto medication; he was better by July 2022.
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Attempted appeal hearing
The respondent tried to arrange an appeal hearing, but the claimant was unavailable due to ill-health.
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Appeal hearing
The claimant attended an appeal hearing.
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Appeal dismissed
The respondent dismissed the claimant's appeal by letter.
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ACAS Early Conciliation started
The claimant began ACAS Early Conciliation.
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ACAS Early Conciliation ended
The ACAS Early Conciliation process ended.
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Claim presented
The claimant's ET1 for unfair dismissal was received by the Tribunal.
The legal issue
Whether the claimant's unfair dismissal claim was presented within the statutory time limit, or whether it was not reasonably practicable to do so due to ill health or reliance on the internal appeal process.
The outcome
The tribunal struck out the unfair dismissal claim as out of time.
The claimant was dismissed on 17 January 2022. The primary three-month time limit expired on 29 April 2022. He started ACAS Early Conciliation on 22 December 2022 and presented his claim on 12 January 2023 – about eight and a half months late.
The tribunal rejected the argument that his depression (which flared up in April 2022) made it not reasonably practicable to file on time, noting that the flare-up occurred only a few days before the deadline and there was no evidence it prevented him from bringing a claim. It also rejected the argument that waiting for the outcome of his internal appeal justified the delay, as there is no requirement to exhaust internal appeals before going to tribunal.
Lessons & takeaways
- The three-month time limit for unfair dismissal claims runs from the effective date of termination, not from the outcome of any internal appeal.
- Ill health will only extend the time limit if it genuinely prevents you from presenting a claim – a short flare-up close to the deadline is unlikely to suffice without strong medical evidence.
- Waiting for an internal appeal to finish does not pause the clock; you should protect your position by filing a claim within the primary time limit, even if the appeal is ongoing.
- If you have access to legal advice and are aware of your right to claim, the tribunal will expect you to act promptly.
This case is a stark reminder that employment tribunal time limits are strict and rarely extended. The former employee, a Nigerian national, was dismissed by University College London Hospital in January 2022 because of uncertainty over his right to work. He appealed internally, but the appeal took nearly a year to conclude. By the time he started ACAS Early Conciliation in December 2022 and presented his claim in January 2023, he was more than eight months past the three-month deadline.
The tribunal accepted that the claimant suffered from depression, which flared up in April 2022 – just days before the time limit expired. But there was no medical evidence to show that the condition was so severe that it made it 'not reasonably practicable' to file a claim. The claimant also argued that he had been waiting for his internal appeal to finish before going to tribunal. However, the law is clear: there is no requirement to exhaust internal procedures first, and the time limit runs from the date of dismissal, not the appeal outcome.
What the employer did right
University College London Hospital's solicitor successfully argued that the claimant knew about his right to claim and had access to legal advice. The tribunal noted that the claimant had appealed the dismissal just eight days after being dismissed, showing he understood the situation. The employer's delays in handling the appeal did not help the claimant's case – the tribunal said 'something more' was needed beyond a slow appeal process to justify the delay, and that something more was absent here.
What this means for similar claims
Anyone considering an unfair dismissal claim should act quickly. The three-month clock starts ticking on the day you are dismissed, not when an internal appeal ends. If you are unwell, gather medical evidence early to show how your condition prevented you from filing. And never assume that waiting for an appeal outcome will protect your right to claim – it will not.
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