Whistleblowing detriment claim dismissed as nearly one year out of time

This case shows the strict approach tribunals take to time limits in whistleblowing detriment claims. The employee, a fixed-term support worker, was dismissed when his contract expired on 31 July 2019. He promptly brought other claims against his employer, the University of the West of England, in August 2019. However, he did not add whistleblowing detriment claims until October 2020 – nearly a year after the three-month deadline had passed.

The tribunal found that because the employee was already actively pursuing tribunal proceedings, there was no reason why he could not have included the detriment claims in time. The delay was not due to any impediment, but simply a late decision to bring them. The claim was dismissed as out of time.

What the employer did right

The university successfully argued that the claim was both out of time and an abuse of process. The employee had already raised the same issues in earlier claims, and the tribunal agreed that allowing a late claim would be unfair. Employers facing multiple claims from the same employee should consider whether late claims can be challenged on time limits or abuse of process grounds.

What the employee could have done differently

The employee could have included the whistleblowing detriment claims in his original August 2019 claim, or at least within three months of the alleged detriments. Even if he had missed the deadline, he would have needed to show it was not reasonably practicable to present the claim in time – a high hurdle that he failed to clear.

Why this matters

This case is a reminder that time limits in employment tribunals are strictly enforced, especially for whistleblowing claims. Employees should act quickly and include all potential claims in their initial application. Multiple late claims risk being dismissed and may also be struck out as an abuse of process, wasting time and resources.