Out of time

Housekeeping Assistant (2 years' service) v Athlone House Limited

A housekeeping assistant's unfair dismissal claim was struck out because UK sanctions on the company's owner made it illegal to pay her. The tribunal said the claim had no reasonable prospect of success.

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.

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 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.

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.

Bureau operator (19 years' service) v Thales DIS UK Limited

A bureau operator with 19 years' service had his claims for breach of contract and discrimination thrown out because they were lodged over four years after his dismissal.

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.

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.

Lunchtime supervisor (20 years' service) v Diocese of Ely Multi-Academy Trust

A lunchtime supervisor with 20 years' service resigned claiming constructive dismissal but filed her claim 117 days late. The tribunal dismissed the claim for lack of jurisdiction and struck out discrimination claims as having no reasonable prospect of success.

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.

Former employee v Shaw Trust Ltd

A former employee's breach of contract claim against Shaw Trust Ltd was dismissed because he filed his claim one day late, despite receiving advice from ACAS and an independent advisor who failed to mention the time limit.

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 (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.

Former employee v British Telecommunications plc

A tribunal struck out a former employee's claims because they were presented five months late, and refused to extend time even after the employee submitted additional medical evidence.

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 (less than 1 year service) v Churston Court Inn Ltd

A tribunal has awarded nearly £30,000 to a pregnant employee who was dismissed by text message after complaining about derogatory comments and a failure to provide support with lifting.

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.

Conveyancing solicitor v A A Holmes Limited

A conveyancing solicitor who resigned after her employer threatened a 25% pay cut without agreement has won £11,657 in notice pay. The tribunal found the employer's unilateral salary reduction was a fundamental breach of contract.

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.

Former employee v North Rutland Health Partnership

A former employee who withdrew claims against two respondents at a case management hearing failed to have the dismissal judgment reconsidered. The tribunal also dismissed her unfair dismissal claim for lack of jurisdiction but allowed disability discrimination claims to proceed out of time.

Former employee v Footballco Media Ltd

A former employee who resigned claiming constructive dismissal had his claim dismissed because it was filed 12 days late, after his solicitors failed to see the ACAS certificate. The tribunal refused to extend the time limit.

Care worker (2 years' service) v GP Homecare Ltd t/a Radis Community Care

A care worker who resigned in September 2021 but did not bring her claim until May 2022 had her unfair dismissal and discrimination claims thrown out by the Birmingham tribunal as out of time.

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.

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.

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.

Specialty anaesthetist doctor v Cwm Taf Morgannwg University Local Health Board

A specialty anaesthetist doctor had his race discrimination and victimisation claims dismissed after the tribunal found he missed the time limits and it was not just and equitable to extend time.

Sales person (8 years' service) v The Quality Koi Company Limited

An employment tribunal dismissed an unfair dismissal, redundancy and notice pay claim because it was presented six days after the deadline, rejecting the claimant's explanation of a postal strike as unsupported by evidence.

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.

Senior customer service adviser (15 months' service) v Saint-Gobain Building Distribution Ltd t/a Jewson

A senior customer service adviser with less than two years' service had his unfair dismissal claim thrown out for being presented 4.5 months late, but his discrimination claims will proceed to a full hearing.

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.

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 (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.

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.

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.

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.

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 RT Decorators and Builders Ltd

A former employee who brought an unfair dismissal claim without the required two years' service, and a notice pay claim nearly eleven months late, has had both claims dismissed by the London Central Employment Tribunal.

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.

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.

Team Leader Clinical Records (11 months' service) v The Hillingdon Hospitals University NHS Trust

A team leader who relied on her union's advice to wait for an internal complaint outcome before bringing an unfair dismissal claim was out of time. The tribunal dismissed her 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.

Senior Control Centre Officer (13 years' service) v Waltham Forests Services Ltd

A long-serving control centre officer was unfairly dismissed after he did not report a man drinking on a town hall complex. The tribunal found the employer failed to genuinely believe misconduct had occurred and relied on an unwritten procedure.

Student Nurse / Aspirant Nurse v Guys and St Thomas’s NHS Trust

A student nurse who waited over eight months to bring claims of unfair dismissal and sexual harassment against Guy's and St Thomas' NHS Trust has had all his claims dismissed as out of time.

Radiographer (8 years' service) v North West Anglia NHS Foundation Trust

An NHS radiographer who was dismissed over right-to-work concerns had her unfair dismissal claim rejected because she presented it 18 days late. The tribunal found she could have filed on time.

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.

Retail Business Consultant v EE Limited

A retail consultant's unfair dismissal claim was dismissed because he filed it one day late, even though he was waiting for his internal appeal outcome.

Former employee v Inayya Corp t/a Pizza Hut

A former employee who waited over four months to bring an unfair dismissal claim had it dismissed by the tribunal, which found it was reasonably practicable to have presented it in time.

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.

Team Manager (18.5 years' service in a law firm) v Minster Law Limited

An employment tribunal dismissed an unfair dismissal claim from a team manager with 18.5 years' service because it was presented just four days after the deadline. The key issue was the effective date of termination.

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.

Social worker v Cumbria County Council

A social worker who waited over a year to bring an unfair dismissal claim after being summarily dismissed for gross misconduct had her case struck out as out of time. The tribunal found it was reasonably practicable for her to have claimed within the three-month limit.

Former employee (made redundant while pregnant) v Janet Sinden & Co

A tribunal has allowed a former employee to bring her unfair dismissal and sex discrimination claims nearly five months late, after she suffered a traumatic birth, lost her partner, and faced pandemic isolation.

Ductwork manufacturer (11 years' service) v H & V 2000 Limited

A ductwork manufacturer with 11 years' service had his unfair dismissal claim struck out after he missed the three-month time limit by nearly two months, despite his father's death.

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.

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.

Former employee v Network Rail Infrastructure Limited

A former Network Rail employee's constructive dismissal and breach of contract claims were thrown out because he missed the three-month time limit by three days. The tribunal refused to extend time, finding he had not shown it was not reasonably practicable to claim on time.

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.

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.

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.

Finance and Sales Support Administrator / Purchase Ledger Assistant v Anglia Crown Limited

A finance administrator who resigned after six months of sick leave lost her constructive dismissal claim because the tribunal found she had affirmed her contract by waiting too long.

Newly qualified social worker v Kent County Council

A tribunal dismissed all discrimination claims brought by a newly qualified social worker against Kent County Council, finding no evidence of race, age, or sex discrimination or harassment.

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.

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.

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.

Former employee v Southcoast Scaffolding Limited

A former employee's unfair dismissal claim against Southcoast Scaffolding Limited was dismissed because the claim form arrived at the tribunal over seven weeks after the deadline, and the tribunal found no reasonable excuse for the delay.

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.