Out of time

Former Uber driver v Uber London Limited

A former Uber driver who waited four years to bring an unfair dismissal claim had it dismissed as out of time. The tribunal ruled it was reasonably practicable for him to have claimed within three months of his engagement ending.

Branch Care Manager (18 months' service) v MIDSHIRES CARE LTD T/A HELPING HANDS HOME CARE

A Branch Care Manager's claim for direct race discrimination and victimisation was dismissed because she presented it 28 days late. The tribunal refused to extend time, finding no just and equitable reason.

Former employee v Away Resorts Limited

A former employee's breach of contract claim against Away Resorts Limited was struck out as out of time. The tribunal found it was reasonably practicable for him to present the claim on time, despite his son's hospitalisation and home flooding.

Chef (3 years' service) v Farmhouse Kitchen Huntleys Limited

A chef was automatically unfairly dismissed when her employer fired her by message after she requested time off for pregnancy-related bleeding. The tribunal awarded £18,479 for unfair dismissal, discrimination, and unauthorised deductions.

Former child actor v The Walt Disney Company Limited

An 11-year-old's unfair dismissal claim against Disney was struck out because it was filed over 10 months after the deadline. The tribunal said it was not just and equitable to extend time.

Former employee v The Energy Comparison Service Limited (in creditors voluntary liquidation)

A former employee was awarded over £37,000 after colleagues repeatedly called him 'old man' and 'grandpa', and the company made unauthorised deductions from his wages and failed to pay holiday pay.

Former employee v The Langley Hall Primary Academy Trust

A former employee's unfair dismissal claim was thrown out because he contacted ACAS one day late and submitted his claim about a week outside the time limit. The tribunal found no evidence to extend time.

Former employee v AM Construction and Engineering Limited

A former employee's unfair dismissal claim was thrown out because he relied on the Citizens Advice Bureau to submit his claim, but the three-month deadline had already passed.

Former employee v Keepmoat Homes Ltd

A tribunal dismissed a former employee's claims for unfair dismissal, breach of contract and unlawful deductions because they were presented one day late, and it was reasonably practicable to file on time despite dyslexia and Covid-19.

Cleaner (evening, 6 hours/week, 3 years' service) v Razors and Blades Limited

A part-time cleaner who was dismissed after asking to be furloughed has won her unfair dismissal claim after her employer failed to submit a response to the tribunal.

Former employee v C A Leith (Opticians) Limited

A former optician employee's disability discrimination claims were dismissed because they were filed too late. The tribunal refused to extend the time limit, finding it was not just and equitable to do so.

Delivery driver v Euro Car Parts Limited

A delivery driver with ADHD was dismissed for persistent lateness while on a final warning. The tribunal rejected her claims of unfair dismissal and disability discrimination, finding the employer acted reasonably.

Former employee v London Borough of Newham

A former employee's unfair dismissal claim was thrown out because he contacted ACAS two days after the three-month deadline, even though he read his dismissal email the day after it was sent.

Voting and Engagement Analyst (6 months' service) v Federated Hermes Limited

A fixed-term employee who knew the deadline but delayed because he was unhappy with his draft claim form had his unfair dismissal and discrimination claims thrown out by the tribunal.

Security Officer (1 year 9 months' service) v Alpha Response (2004) Ltd t/a Red Support Services

A security officer who tried to add two new protected disclosures to his unfair dismissal claim 16 months after presenting his claim was refused by the tribunal, which found it was reasonably practicable to have included them earlier.

Deputy General Manager - Operations (12 years' service) v Artionis (UK) Ltd

A deputy general manager with 12 years' service failed to prove constructive dismissal after her employer changed her role while she was on maternity leave. The tribunal found the employer's actions were reasonable and most claims were brought too late.

Former employee v Portobello House Ltd

A former employee's unfair dismissal and discrimination claims were struck out after the tribunal found they were presented too late, even though she had started early conciliation.

Former employee v Whitbread Group Plc

A tribunal has dismissed a former employee's claims of constructive unfair dismissal, unpaid wages and race discrimination against Whitbread Group Plc because they were brought too late.

Former employee v DHL Services Limited

A former DHL employee's unfair dismissal claim was thrown out after being filed one day late. The tribunal found it was reasonably practicable to submit on time, rejecting ADHD and technical difficulties as excuses.

Former employee v BUPA Care Homes (ANS) Limited

A former employee's unfair dismissal claim against BUPA Care Homes was dismissed because she presented it nearly seven months after her dismissal, well beyond the three-month time limit. The tribunal found it was reasonably practicable for her to have brought the claim in time.

Domestic worker (overseas domestic worker visa) v Mr R K Jain

A domestic worker who was paid far below the minimum wage and worked seven days a week had her claims dismissed because they were presented to the tribunal three months late.

Kitchen designer (5 months' service) v Wilmslow Kitchen Interiors Limited

A kitchen designer who was dismissed by text message after just five months had her entire claim dismissed because she presented it after the statutory time limit. The tribunal found it was reasonably practicable for her to have claimed earlier.

Trainee bus driver (9 days' service) v Warrington Borough Transport Limited

A trainee bus driver who presented his race discrimination claim one day late has had his case dismissed, with the tribunal refusing to extend time due to a lack of medical evidence explaining the delay.

Learning Manager (12 years' service) v Delta Acadamies Trust

A learning manager with 12 years' service had her unfair dismissal and disability discrimination claims thrown out by a tribunal because she presented them nearly a month late, despite being aware of the time limit.

Part-time lecturer v De Montfort University

A part-time lecturer who waited over a year to bring an unfair dismissal claim after his employment ended due to right-to-work issues has had his case dismissed as out of time.

Hotel manager (4 years' service) v Delfino Logic Limited

A tribunal dismissed a hotel manager's claims for unfair dismissal, disability discrimination and unpaid wages because they were presented over a month late. The judge found that his ADHD did not prevent him from bringing the claim on time.

Overseas Detainee Custody Officer (9 years' service) v Mitie Care and Custody Limited

An overseas detainee custody officer who was dismissed after four years of sickness absence had his unfair dismissal and disability discrimination claims rejected because he presented them too late, despite the tribunal accepting he had a good reason for the initial delay.

Former employee v Teleperformance Ltd

A tribunal dismissed all claims from a former Teleperformance Ltd employee because they were presented too late and the claimant did not attend the final hearing or provide any explanation for the delay.

Car mechanic v NK MOT Limited

A car mechanic who was summarily dismissed after a missing tool was found in his toolbox had his unfair dismissal claim rejected because he presented it 17 days after the legal deadline.

Former employee v Al-Khair Foundation

A former employee brought claims for unfair dismissal, disability discrimination, and more against Al-Khair Foundation, but all were dismissed as presented too late.

Former employee v Reckitt

A former employee's claim of constructive unfair dismissal and discrimination against Reckitt was dismissed because she presented her claim over five months after her employment ended, missing the time limit by two days.

Compliance Engineer (contractor, 7 months' service) v Jaguar Land Rover Ltd

A contractor at Jaguar Land Rover succeeded in claims of sex-related harassment after a male colleague entered her home while she was in the shower and later sent flowers. The tribunal upheld three of five harassment allegations.

Former manager v MS and AC Banbury

A former manager's claims for whistleblowing detriment and unauthorised wage deductions were struck out after she presented them late and failed to attend the preliminary hearing.

Former employee v Atalian Servest Security Ltd

A former employee's claims for race discrimination and unlawful deduction of wages were dismissed because they were brought too late. The tribunal also refused a reconsideration application.

Former employee v T4 Trust

A former employee's unfair dismissal claim was struck out after he presented his claim 15 days after the three-month time limit expired. The tribunal rejected his argument that he relied on advice from his union representative.

Business analyst (4-5 years' service) v Barclays PLC and others

A business analyst who resigned from Barclays in April 2021 but did not bring his claim until August 2022 had his case dismissed as out of time. The tribunal found his mental health condition did not prevent him from acting sooner.

Former employee (bus driver) v Arriva The Shires Limited

A former bus driver's claims for constructive dismissal and race discrimination were struck out after he presented his claim five months late and failed to attend the final hearing.

Former employee v Welbeck House Limited (in liquidation)

A former employee's claim for a protective award after redundancy has been dismissed by the Nottingham tribunal because it was brought well after the three-month time limit and the claimant did not attend the hearing.

General maintenance worker (13 years' service) v A Mead & K Hawke Farming

A general maintenance worker with 13 years' service had his unfair dismissal claim thrown out after submitting it 35 days past the deadline. The tribunal ruled it was reasonably practicable for him to have claimed on time.

Former employee (65 years old at dismissal) v Tarmac Trading Ltd

A tribunal threw out unfair dismissal and age discrimination claims brought 83 days late, finding the claimant had no reasonable excuse for the delay despite having access to ACAS and online resources.

Temporary employee (agency worker) v Brook Street (UK) Ltd

An agency worker won her claim for unlawful deduction of wages after being paid late for a March 2020 shift, but received no compensation as the sum was paid in May 2020. Her claim that she should have been furloughed was dismissed.

Part-time waitress (3 years' service) v Ocho Steak House Limited

A part-time waitress with 3 years' service was unfairly dismissed when her employer fired her by text message after she said she could not return to work immediately due to depression and anxiety. The tribunal awarded £1,724.84 in compensation.

Neighbourhood Response Officer (13 years' service) v Clarion Housing Group Ltd

A neighbourhood response officer with bipolar disorder had his unfair dismissal claim struck out because he presented it five months late, despite the tribunal accepting his mental breakdown made it impossible to claim on time.

Surveyor (probationary period) v Mersey Eco Grants Ltd

A surveyor who was dismissed by phone just before his probation ended had his unfair dismissal and discrimination claims dismissed because he presented his claim six days late and failed to comply with tribunal orders.

Former employee v West London NHS Trust

A former employee of West London NHS Trust had his claims of unfair dismissal, unlawful deduction from wages, and race discrimination dismissed because he filed them too late.

Quality Assurance Expert (approx. 2 years 8 months' service) v CMR Surgical Limited

A Quality Assurance Expert who resigned claiming constructive dismissal had her entire claim thrown out because she waited over three months to begin Early Conciliation. The tribunal found no excuse for the delay.

Farm labourer (25 years' service) v Nodewell Farm Partners

A farm labourer with 25 years' service saw his unfair dismissal claim thrown out because he submitted it one day after the deadline, despite having previous tribunal experience.

Work area manager (11 years' service) v Royal Mail Group Limited

A manager with 11 years' service at Royal Mail had his unfair dismissal claim dismissed because he filed it after the three-month deadline. The tribunal found it was reasonably practicable for him to have filed in time.

Yard Manager (2 years' service) v A.S.H Elite Equine Ltd

A yard manager was dismissed just weeks after telling her employer she was pregnant. The tribunal awarded over £54,000 for automatic unfair dismissal and pregnancy discrimination.

Chef (2 years' service) v Bills Restaurants Limited

A chef who was dismissed for gross misconduct after an allergen incident saw his unfair dismissal, wrongful dismissal and unlawful deduction claims dismissed because they were presented to the tribunal one day after the statutory deadline.

Former employee v Manor Restaurants (UK) Limited

A former employee's claim for unpaid wages and discrimination was struck out after he presented it late and failed to attend the preliminary hearing. No damages were awarded.

Former employee (Spare Passenger Vehicle Driver) v Pertemps Recruitment Partnership Limited

A former passenger vehicle driver lost his unfair dismissal, race discrimination, and unlawful deduction claims after the tribunal found they were brought too late and he failed to attend the preliminary hearing.

Gymnastics club employee (7 weeks' service) v AAW Holdings Limited (sued as Leeds Rebound Gymnastics Club Limited)

A tribunal found that a gymnastics club failed to make reasonable adjustments for a dyslexic employee and discriminated against her due to pregnancy, awarding £17,755.05.

Quality assurance engineer (12 years' service) v Bridgehead Software Ltd

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.

Street cleaner (40+ years' service) v Continental Landscape Ltd

A street cleaner who was pressured to resign on his 66th birthday had his constructive dismissal claim dismissed because he filed it almost a year late. The tribunal said it had no jurisdiction to hear the case.

Communications Officer (9 years' service) v The Commissioner of the Police of the Metropolis

A tribunal struck out a communications officer's unfair dismissal and discrimination claims because she filed her claim one day after the three-month deadline, despite having previous tribunal experience.

School employee (16 years' service) v London Borough of Brent

A school employee with 16 years' service who applied for voluntary redundancy had her unfair dismissal claim thrown out because she presented it over three months after the statutory time limit expired. The tribunal found it was reasonably practicable for her to have claimed in time.

Surveyor (zero-hours contract, 8 years' service) v Valunation Ltd

A surveyor on a zero-hours contract lost his unfair dismissal claim after presenting it four months late, but his age discrimination claim was allowed to proceed.

Former employee v Kingdom Services Group Ltd

A former employee's claims for unfair dismissal, breach of contract and unlawful deductions were struck out because they were not presented within the three-month time limit. The tribunal had no jurisdiction to hear them.

Former employee v TLC Group Limited

A former employee who believed her dismissal only took effect after her appeal was rejected has had her unfair dismissal claim struck out as out of time. The tribunal refused to extend the deadline.

Former employee v Freight Transport Association Limited (t/a Logistics UK)

A tribunal struck out claims for unfair dismissal, unpaid wages and race discrimination after the claimant failed to attend a preliminary hearing and his claims were presented out of time.

Former employee (previous owner of the company) v Nortim Precision Engineering Limited

A tribunal dismissed a former employee's claims of constructive unfair dismissal and age discrimination because they were brought too late, despite his ill health and furlough.

Community accountant (21 years' service) v Community Accountancy Self Help

A community accountant with 21 years' service had her pay and hours halved without her agreement. The tribunal ordered the charity to repay £16,893 in unlawfully deducted wages.

Waitress (22 years' service) v Lornar Ltd

A waitress who worked for Lornar Ltd for 22 years had her unfair dismissal claim rejected because she missed the three-month time limit by several months.

Senior investment management professional (3 years' service) v CBH Wealth UK Ltd

A tribunal has thrown out an unfair dismissal claim because it was presented 47 days late, finding that the claimant's depression did not make it impracticable to file on time given her ongoing business activities.

Social worker (5 years' service) v London Borough of Enfield

A social worker who was dismissed after being arrested for firearms offences had her unfair dismissal claim rejected because she filed it nearly a year after the time limit expired. The tribunal ruled it was reasonably practicable for her to have brought the claim on time despite her imprisonment.

Driver specialist (12 years' service) v Babcock Land Defence Limited

A driver specialist with 12 years' service had his unfair dismissal and disability discrimination claims thrown out after submitting his claim form four months late, despite having been warned of the time limit.

Head of Security Services Management (14+ years' service) v The Health and Social Care Information Centre t/a NHS Digital

A head of security services with 14 years' service had all his claims dismissed because he presented them too late. The tribunal had no power to hear them.

Former employee v The Chief Constable of Avon and Somerset Constabulary

A former Avon and Somerset police employee's unfair dismissal claim was dismissed as out of time, over four years after his dismissal. A bid to blame prescription medication for the delay failed.

Accredited installer/fitter v Climar Industries Ltd

A tribunal found that Climar Industries Ltd discriminated against an installer with ADHD by refusing to allow his mother to accompany him at a disciplinary hearing and dismissing him for behaviour linked to his disability.

Sales director (self-employed services provider) v Bayleaf Janitorial Supplies Limited

A sales director who provided services as a self-employed worker was dismissed by telephone in July 2020. The tribunal ruled his unfair dismissal claim was presented too late and he was not an employee.

Operations team member (care sector) v IAspire Care Services Ltd

A care sector operations worker was unfairly dismissed and awarded £99,000 after his employer cited loss of trust due to his links with church investors. The tribunal also found he was harassed over his religion.

Former employee (made redundant after TUPE transfer) v Capita Business Services Limited

A former employee who was made redundant in 2011 had her unfair dismissal claim struck out after she waited nearly a decade to bring it, despite having withdrawn an earlier claim. The Leeds tribunal found no reasonable prospect of extending time.

Receptionist (3 years' service) v Dr A. Malik and Mr I. Ali t/a Malik Law Chambers (in intervention)

A receptionist was summarily dismissed after four weeks off sick with pregnancy-related hyperemesis. The tribunal found direct pregnancy discrimination and unfair dismissal, awarding £4,724 in compensation.

Employee (37 years' service) v The Commissioners for Her Majesty's Revenue and Customs

An employee who resigned after 37 years' service and serious illness had her constructive dismissal claim dismissed because she missed the three-month time limit. The tribunal found it was reasonably practicable to bring the claim in time.

Takeaway food shop worker (2 years' service) v Bagelmania London Limited (in liquidation)

A pregnant takeaway shop worker was dismissed after her employer removed her from the rota, then faced a county court claim and threats of police action when she contacted ACAS. The tribunal awarded £40,000 for unfair dismissal, pregnancy discrimination and victimisation.

CNC Programmer (6 years' service) v Hydrobolt Group Limited (1), Hydrobolt Limited (2)

A CNC programmer who resigned claiming constructive dismissal had his unfair dismissal claim thrown out because he lodged it four weeks late. The tribunal found it was reasonably practicable to bring the claim in time.