Out of time

Healthcare assistant (1 year 6 months' service) v Barchester Healthcare Limited

A healthcare assistant who waited over two years to bring a whistleblowing and discrimination claim after his dismissal had his case dismissed as out of time. The tribunal found it was reasonably practicable to have presented the claim within the statutory time limit.

Former employee v Park Holidays UK Limited

A former employee's claims of automatic constructive unfair dismissal and sexual orientation harassment were struck out after he presented his claim nine months late, despite having initially filed on time but without an ACAS certificate.

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.

Assistant Practitioner (22 Jan 2019 – 17 Dec 2020) v Norfolk and Suffolk NHS Foundation Trust

A tribunal dismissed a former NHS assistant practitioner's racial harassment claims, finding the allegations were not supported by evidence and were brought too late. The claimant was ordered to pay £5,000 costs for unreasonable conduct.

Former employee v Environment Agency

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.

Former employee v Just Paper Tubes Ltd

A former employee's unfair dismissal claim was struck out as out of time after she emailed her ET1 form and failed to read the tribunal's automatic reply stating that claims cannot be accepted by email.

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.

Former employee (kitchen designer) v Leighton Buzzard Self Storage Ltd t/a Cinch Self Storage

A former kitchen designer's constructive unfair dismissal claim was thrown out after he filed it four months late, with the tribunal finding he could have acted sooner despite seeking advice.

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.

Former employee v Best Time Limited

A former employee's unfair dismissal claim against Best Time Limited was struck out after she missed the time limit to contact ACAS and failed to explain the delay.

Former employee v Imperial College Healthcare NHS Trust

A former employee's unfair dismissal and most disability discrimination claims were struck out after he presented his claim two days late, due to a misunderstanding of the time limit.

Deputy Team Manager (social worker, 8 years' service) v East London NHS Foundation Trust

A social worker who resigned claiming constructive dismissal had all her claims struck out after presenting them two weeks late. The tribunal refused amendments and found no reasonable excuse for the delay.

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 Caffyns Plc

A former employee's unfair dismissal and whistleblowing claims were thrown out after he presented them nearly six months out of time, with the tribunal finding no reasonable excuse for the delay.

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.

Band 6 mental health crisis team worker (3 years' service) v Rotherham Doncaster and South Humber NHS Foundation Trust

A mental health worker's unfair dismissal and discrimination claims were dismissed as out of time after he waited for union assistance before presenting his claim. The tribunal found he could have acted sooner.

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.

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.

Prison Custody Officer (2 years 10 months' service) v Serco Limited

A prison custody officer's unfair dismissal claim was struck out because she submitted her ET1 without an ACAS early conciliation certificate, and the defect could not be cured by later providing one.

HART Paramedic (7 years' service) v South Western Ambulance Service NHS Foundation Trust

A HART paramedic with 7 years' service was unfairly dismissed and discriminated against after developing PTSD from a training incident. The tribunal awarded £26,087 in compensation.

Former employee v Wellington for Langley Hall

A former employee's claims of unfair dismissal and disability discrimination were struck out after the tribunal found they were presented over a year after her employment ended, and she failed to attend the hearing.

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.

Front of House Supervisor (1 year 5 months' service) v TBB Leisure Limited

A front of house supervisor who named the wrong respondent on her claim form has had her unfair dismissal claim reinstated after the tribunal found the error was compounded by administrative delays.

Former employee v Milton Keynes College

A former employee's constructive unfair dismissal and whistleblowing claims were struck out after she presented her claim 38 days past the deadline and failed to attend the hearing.

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.

Former police employee v The Chief Constable of North Wales Police

A former police employee's claims of constructive unfair dismissal, whistleblowing detriment and indirect sex discrimination were dismissed after the tribunal found they were presented too late. She was also ordered to pay £3,672 in costs for causing two abortive hearings.

Director of Public Services Reform (PSR) v London Borough of Hammersmith and Fulham

A director was dismissed while on sick leave, with the council backdating the dismissal letter to appear to predate her grievance. The tribunal awarded £3.78 million for disability discrimination.