Out of time

EFL Teacher (18 years' service) v Golders Green College & School of English Ltd

An EFL teacher with 18 years' service was constructively dismissed after her employer unilaterally imposed a zero-hours contract and refused union representation. The tribunal awarded £39,208.47.

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 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.

Senior nurse (3 years' service) v Barchester Healthcare Ltd

A tribunal struck out a senior nurse's unfair dismissal and disability discrimination claims because she filed them more than four years after the deadline, despite knowing the time limits.

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.

Support worker (3 years' service) v Acorn Care Home

A support worker who missed the three-month deadline to bring an unfair dismissal claim because her legal representative failed to act in time has had her case dismissed. The tribunal ruled it was reasonably practicable for her to have filed on time.

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 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.

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.

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.

Office Manager (15 years' service) v A1 Taxis Ilford Limited

A tribunal struck out an office manager's unfair dismissal claim because he presented it more than a year after his employment ended by mutual consent, far beyond the three-month time limit.

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.

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.

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 (supplied via agency) v The Commissioners for His Majesty's Revenue and Customs

A former agency worker who waited over three years to bring an unfair dismissal and race discrimination claim had his case struck out as having no reasonable prospects of success. He was also ordered to pay £4,203 in costs.

Former employee v Sami Husseyin

A former employee was awarded £26,668 after being dismissed because of pregnancy and pregnancy-related illness. The tribunal found the employer, a sole trader, discriminated against her and unfairly dismissed her.

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.

Former employee v Alma Ironcraft Limited (Creditors Voluntary Liquidation)

A former employee who waited over a year to claim a redundancy payment lost his case because he missed the strict six-month time limit. The tribunal refused to extend time.

Former employee (bus driver) v London General Transport Services Ltd (t/a Go Ahead London)

A tribunal dismissed all claims from a former bus driver because they were brought well after the legal time limits, with no explanation for the delay.

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.

Former employee v Utility Savings Group Ltd

A former employee's claims for unfair dismissal, holiday pay, and breach of contract were dismissed by the tribunal because they were brought outside the legal time limits and she failed to attend the final hearing.

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.

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.

Part-time shed builder (7 years' service) v Hunt Sheds Limited

A part-time shed builder with bowel cancer was told he hadn't 'a fucking days' work' in him and dismissed. The tribunal awarded £10,610 after the employer failed to defend the claim.

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.

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.

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.

Hygiene Operative (train cleaning contract) v Atalian Servest Limited

A hygiene operative who waited over five months to bring an unfair dismissal claim had his case thrown out as the tribunal found it was reasonably practicable to have filed on time.

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.

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.

Medical Laboratory Assistant (22 years' service) v University Hospitals of Leicester NHS Trust

A Medical Laboratory Assistant with 22 years' service had his unfair dismissal and disability discrimination claims dismissed by an employment tribunal because they were presented about four months after the legal deadline, despite his serious health issues.

MOT tester (8 years' service) v Uralmoto (UK) Ltd

An MOT tester with eight years' service was dismissed to facilitate a business transfer, making the dismissal automatically unfair. The tribunal awarded £6,837 in compensation, reduced by 10% for contributory conduct.

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.

Administrative Assistant (1 month's service) v CIS Services Limited

An administrative assistant was dismissed just days after telling her employer she was pregnant. The tribunal found the dismissal was automatically unfair and amounted to pregnancy discrimination, awarding £14,884.90.

Former employee v Network Rail Infrastructure Limited

A former employee's constructive dismissal claim was dismissed because she submitted her claim by email on the final day, following incorrect advice from her barrister. The tribunal held it was reasonably practicable to present in time, so it had no jurisdiction.

Hair and beauty salon employee v Mark Mills t/a Elegance Hair and Beauty

A hair and beauty salon employee was unfairly dismissed and awarded over £2,600 in compensation, including unpaid holiday pay, after the tribunal accepted her claim was presented late due to circumstances beyond her control.

Former employee v University of Southampton NHS Foundation Trust

A former employee's unfair dismissal and discrimination claims were dismissed after the tribunal found they were presented more than three months after dismissal, without ACAS early conciliation having been started in time.

Pharmacist v Osbon Ltd

A pharmacist who resigned and later claimed unfair dismissal had her case dismissed because she missed the three-month time limit. The tribunal said ignorance of the law was not a good enough excuse.

Telesales advisor (part-time, 24-hour week) v EE Limited

A telesales advisor who resigned after a flexible working request was refused had her unfair dismissal and discrimination claims thrown out because she submitted her claim five days past the deadline, despite knowing the time limit.

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.

Digital transformation manager (law degree, previous paralegal experience) v Volkerrail Limited

A digital transformation manager who rejected her boss's romantic overtures was awarded £419,352.94 after the tribunal found the grievance process was itself harassment and refusing to let her withdraw her resignation was victimisation.

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.

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.