Missing a tribunal time limit doesn’t always mean your discrimination claim is over
“Age discrimination succeeded out of time, with a 10% ACASThe Advisory, Conciliation and Arbitration Service. A public body that provides free, impartial guidance on workplace rights and disputes, and runs the mandatory early conciliation process before any ... Code uplift.”
Missing the normal three-month deadline for a discrimination claim does not automatically mean you've lost your right to bring it. Tribunals can extend the time limitThe deadline by which you must submit a claim to an employment tribunal. For most claims the limit is three months less one day from the act you are complaining about, and it is strictly enforced. Mis... where it is fair to do so.
- A just and equitable extensionA tribunal can allow a discrimination claim after the normal three-month time limit if it decides doing so would be just and equitable given the circumstances. This is a discretionary exception, not a... might still rescue a late claim. Get advice on this before giving up on it.
- If your employer didn't follow the ACAS Code of Practice during a grievance or disciplinary process, that failure can increase any compensation you're awarded.
- Winning on one claim out of several is still a real win. You don't need every allegation to succeed for compensation and vindication to follow.
The situation
The claimant brought a claim for age discrimination against his employer, but did so after the normal three-month time limit had passed. He also brought claims of race discrimination, harassmentUnwanted behaviour related to a protected characteristic, such as your sex, race, disability, age or religion, that violates your dignity or creates an intimidating, hostile or humiliating environment..., victimisationBeing treated badly because you've raised a complaint, supported someone else's complaint, or done something else the law protects, such as raising a grievance or whistleblowing. It is unlawful in its..., unlawful deductions from wages, and breach of contractWhen one party to an employment contract fails to comply with one of its terms without a lawful reason. Your employer breaching a significant term of your contract can entitle you to resign and claim ....
What the tribunal found
The tribunal allowed the age discrimination claim to proceed even though it was out of time, deciding it was just and equitable to extend the time limit under section 123 of the Equality Act 2010The main piece of legislation protecting employees from discrimination at work. It covers nine protected characteristics including age, disability, sex, race, and religion, and makes it unlawful for a.... It then found the employer had directly discriminated against the claimant because of his age, in breach of sections 13 and 39 of the Equality Act 2010. Because the employer had also failed to follow the ACAS Code of PracticeOfficial guidance issued by ACAS on how disciplinary and grievance procedures should be run. It is not law, but tribunals take it into account, and a failure to follow it can result in any award being... on disciplinary and grievanceA formal complaint raised by an employee against their employer, triggering a legal obligation to investigate and respond. procedures, the tribunal increased the compensation by 10 per cent. Every other claim was dismissed. The total award was £2,625.
Mr D Bovekamp v Cawsburger Ltd. Case 6008805/2024. Employment Tribunal. 7 May 2026.