Out-of-time unfair dismissal claim struck out despite autism diagnosis
A quality assurance engineer with 12 years' service lost his unfair dismissal claim because he filed it one day late, and the tribunal refused to extend time despite his autism spectrum diagnosis.
1 min read · Last updated 18 May 2026
Case details
- #out-of-time
- #autism-spectrum
- #long-term-sickness
- #dismissal-on-capability-grounds
- #just-and-equitable
- #reasonably-practicable
Key facts
- The claimant was dismissed on 3 December 2021 for ill-health capability.
- The claimant did not contact ACAS until 29 April 2022, over two months after the primary time limit expired.
- The claimant presented his claim to the tribunal on 30 May 2022, one day after the extended time limit.
- The claimant had a diagnosis of being on the autism spectrum but provided no medical evidence of its impact.
- The claimant was able to research employment law and contact ACAS before dismissal, but failed to do so in time.
Timeline
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Employment started
Claimant started work as a quality assurance engineer.
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Sick leave began
Claimant was signed off sick and never returned to work.
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Subject access request
Claimant made a SAR under data protection legislation.
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Dismissal letter
Respondent terminated claimant's employment on ill-health grounds, effective immediately.
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Appeal deadline
Deadline for claimant to appeal dismissal; P45 later showed this as leaving date.
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Final payments made
Claimant received pay in lieu of notice and holiday pay in mid-February.
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ACAS conciliation
Claimant started and concluded ACAS early conciliation.
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Claim presented
Claimant presented his claim to the tribunal, one day late.
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Postponement application
Claimant applied to postpone the hearing, which was refused.
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Preliminary hearing
Hearing on time limits; claimant represented by solicitor.
The legal issue
The tribunal had to decide whether the claimant's unfair dismissal and discrimination claims were presented within the statutory time limits, or whether it should extend time due to his autism spectrum condition.
The outcome
The tribunal dismissed all claims as out of time. The primary time limit expired on 3 March 2022 (three months from dismissal), and the extended limit (after ACAS) expired on 29 May 2022. The claim was presented on 30 May 2022, one day late.
The tribunal found it was reasonably practicable for the claimant to have presented the claim on time. He was able to research employment law and contact ACAS before dismissal, and his autism diagnosis was not supported by medical evidence showing it impacted his ability to comply with time limits.
No compensation was awarded as the claims were struck out.
Lessons & takeaways
- Time limits for employment tribunal claims are strict – missing the deadline by even one day can be fatal to your case.
- If you have a medical condition that may affect your ability to meet deadlines, obtain and submit medical evidence as early as possible.
- Seek legal advice promptly after dismissal; waiting until the last minute can prejudice your case.
- ACAS early conciliation must be started before the primary time limit expires – do not delay contacting ACAS.
A costly delay
This case shows how unforgiving employment tribunal time limits can be. The claimant, a quality assurance engineer with 12 years' service, was dismissed on ill-health grounds in December 2021. He did not contact ACAS until 29 April 2022 – over two months after the primary three-month deadline had passed. His claim was presented to the tribunal on 30 May 2022, just one day after the extended deadline.
Despite his long service and a diagnosis of being on the autism spectrum, the tribunal refused to extend time. The judge noted that the claimant had been able to research employment law and contact ACAS before his dismissal, and that no medical evidence was provided to show how his condition affected his ability to comply with time limits.
What the employer did right
Bridgehead Software Ltd maintained professional correspondence throughout and opposed the last-minute postponement application. The tribunal accepted that the respondent's communications were appropriate and not harassment, as the claimant had alleged.
What the claimant could have done differently
The claimant's solicitor conceded that the claimant was at fault for leaving it so late. The key lesson is that anyone considering a tribunal claim should act promptly – ideally within days of dismissal – and seek legal advice immediately. If a medical condition is a factor, obtain supporting evidence as soon as possible.
Why this matters
This case is a reminder that even strong claims can fail on procedural grounds. The tribunal's discretion to extend time is limited, and claimants cannot rely on unsubstantiated assertions about their health. For employees, the message is clear: do not wait – time is of the essence.
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