Unfair dismissal claim dismissed despite severe mental health: the 'reasonable period' trap
A bank employee's unfair dismissal claim was dismissed as out of time, even though the tribunal accepted her severe mental health made it not reasonably practicable to claim within the first three months.
2 min read · Last updated 18 May 2026
Case details
Key facts
- Claimant's employment ended on 22 March 2024.
- Claimant suffered from severe mental health difficulties at the time of termination.
- Claimant contacted ACAS on 22 August 2024 and presented her claim on 5 September 2024.
- The unfair dismissal claim was presented after the primary three-month time limit.
- The tribunal found it was not reasonably practicable for the claimant to present her claim before 22 August 2024.
- The tribunal found the claim was not presented within a reasonable further period after that date.
Timeline
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Employment ended
Claimant's employment with Lloyds Bank Plc ended after she gave notice.
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Primary time limit expired
The three-month time limit for presenting an unfair dismissal claim expired.
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Claimant contacted ACAS
Claimant felt well enough to discuss her case with her husband and contacted ACAS for early conciliation.
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ACAS certificate issued
ACAS issued the early conciliation certificate.
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Claim presented
Claimant presented her claim form to the employment tribunal.
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Application to amend
Claimant sent further information seeking to amend her claim to include a new reasonable adjustments complaint.
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Preliminary hearing
Employment Judge Miller heard the case on time limit issues.
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Judgment issued
The tribunal dismissed the unfair dismissal claim and one reasonable adjustments claim as out of time, but allowed other discrimination claims to proceed.
The legal issue
The tribunal had to decide whether the claimant's unfair dismissal claim was presented within the time limit, and if not, whether it was not reasonably practicable to present it in time and whether it was presented within a reasonable further period.
The outcome
The tribunal dismissed the unfair dismissal claim as out of time.
- The primary time limit expired on 21 June 2024, but the claimant did not contact ACAS until 22 August 2024 and presented her claim on 5 September 2024.
- The tribunal accepted that severe mental health made it not reasonably practicable to claim before 22 August 2024.
- However, the claimant gave no explanation for the further delay from 22 August to 5 September 2024, and the tribunal found this was not a reasonable further period.
- No compensation was awarded as the claim was dismissed.
Lessons & takeaways
- If you have a valid reason for missing the initial time limit, you must still act promptly once you are able to — any further delay must be explained.
- Severe mental health can extend the time limit, but you should seek advice as soon as you are well enough to do so.
- Keep records of your medical condition and how it affected your ability to take action — this can help prove it was not reasonably practicable to claim in time.
- Contact ACAS early conciliation as soon as possible after you become able to act, and aim to present your claim without unnecessary delay after the certificate is issued.
When mental health delays a claim — but not indefinitely
This case highlights a common trap for claimants with serious mental health difficulties: even if the tribunal accepts that you were too unwell to bring a claim within the usual three-month time limit, you must act promptly once you recover enough to do so.
The claimant, a bank employee, suffered from severe mental health problems when her employment ended in March 2024. The tribunal accepted that she was 'basically not functioning' and that it was not reasonably practicable for her to present her unfair dismissal claim before 22 August 2024, when she first contacted ACAS.
The crucial gap
However, the claimant then took a further two weeks to present her claim — she contacted ACAS on 22 August, received the early conciliation certificate on 28 August, and only submitted her claim on 5 September. When asked why, she could not give a clear explanation, saying she and her husband were 'just getting everything together'.
The tribunal found that this unexplained delay meant the claim was not presented within a 'reasonable further period' after the obstacle had lifted. The unfair dismissal claim was therefore dismissed.
What this means for similar claims
The case shows that tribunals will take a sympathetic approach to claimants whose mental health prevents them from acting in time — but that sympathy has limits. Once you are well enough to take steps, you must act quickly and be able to explain any further delay.
Claimants who rely on the 'not reasonably practicable' extension should seek advice as soon as they are able, keep a diary of their condition, and aim to present their claim within days, not weeks, of recovering capacity. The same principle applies to the 'just and equitable' test for discrimination claims, which the tribunal also applied to dismiss one of the claimant's reasonable adjustment complaints.
The claimant's other discrimination claims were allowed to proceed, so the case is not over for her — but the unfair dismissal claim is lost, and with it any compensation for that head of claim.
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