Former employee's claim dismissed as out of time nearly six years after leaving
A former employee's unfair dismissal, sex discrimination and whistleblowing claims were thrown out after he presented them almost six years after his employment ended. The tribunal also ordered him to pay £400 in costs.
1 min read · Last updated 19 May 2026
Case details
Key facts
- The claimant presented his claim on 27 February 2023, nearly six years after his employment ended in May 2017.
- The claimant was aware of the relevant time limits as early as 2018.
- The claims were dismissed at a preliminary hearing because they were presented outside the applicable time limits.
- The respondent applied for costs, arguing the claims had no reasonable prospect of success and the claimant acted unreasonably.
- The tribunal awarded costs of £400 against the claimant, taking into account his ability to pay.
Timeline
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Employment ended
The claimant's employment with the Environment Agency ended in May 2017.
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Claimant aware of time limits
By this date, the claimant was aware of the Employment Tribunal time limits.
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Claim presented
The claimant presented a claim form raising complaints of unfair dismissal, sex discrimination, and detriment for protected disclosures.
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Case management hearing
A preliminary hearing for case management was held, where the claimant was warned about potential costs.
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Respondent's costs letter
The respondent wrote to the claimant indicating an intention to apply for costs.
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Preliminary hearing (time limits)
Employment Judge Leach decided that all complaints were out of time and dismissed the claim. The respondent made an oral application for costs.
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Costs hearing
The tribunal considered the respondent's written costs application and the claimant's response, and decided to award costs of £400.
The legal issue
The tribunal had to decide whether the claimant's complaints were presented within the applicable time limits and, if not, whether it was just and equitable to extend time or whether it was reasonably practicable for the claimant to have presented them in time.
The outcome
The tribunal dismissed all the claimant's complaints at a preliminary hearing because they were presented far outside the statutory time limits.
The claims for unfair constructive dismissal and detriment for protected disclosures were out of time under sections 111 and 48 of the Employment Rights Act 1996. The tribunal found it was reasonably practicable for the claimant to have presented them in time, as he was aware of the deadlines by May 2018.
The sex discrimination complaint under the Equality Act 2010 was also out of time, and the tribunal decided it was not just and equitable to extend the time limit.
The respondent applied for costs, arguing the claims had no reasonable prospect of success and the claimant acted unreasonably. The tribunal awarded costs of £400, taking into account the claimant's ability to pay.
Lessons & takeaways
- Employment tribunal claims must be brought within strict time limits — usually three months minus one day from the act complained of.
- If you are aware of tribunal deadlines, waiting years to bring a claim will almost certainly result in it being dismissed as out of time.
- Bringing a claim with no reasonable prospect of success can lead to a costs order against you, even if you are a litigant in person.
- The tribunal will consider your ability to pay when deciding the amount of costs, but that does not prevent an award altogether.
This case shows the importance of acting promptly when bringing an employment tribunal claim. The former employee waited nearly six years after his employment ended to present complaints of unfair constructive dismissal, sex discrimination and detriment for protected disclosures. By that point, he had already been aware of the relevant time limits for over four years.
What the tribunal decided
The tribunal held that all the claims were presented well outside the primary time limits. For the unfair dismissal and whistleblowing detriment claims, the test was whether it was reasonably practicable for the claimant to have presented them in time. The tribunal found it was, given his awareness of the deadlines. For the sex discrimination claim, the tribunal considered whether it was just and equitable to extend time but decided it was not, given the lengthy delay and lack of good reason.
The respondent also applied for costs, arguing the claims had no reasonable prospect of success and the claimant had acted unreasonably. The tribunal agreed and ordered the claimant to pay £400, taking into account his financial circumstances.
What the losing side could have done differently
The claimant could have sought legal advice and presented his claim within the statutory time limits, which are typically three months from the date of the alleged act. Even if he believed there were continuing acts, the delay of several years was fatal. The tribunal noted that he had access to legal advice and was warned about time limits as early as 2018.
Why this matters
This case is a reminder that employment tribunals take time limits seriously. Even if you have potentially strong claims on the merits, presenting them too late will result in dismissal. It also highlights that litigants in person are not immune from costs orders if they pursue claims that have no reasonable prospect of success or act unreasonably.
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