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Case law
Mr D Bovekamp v Cawsburger Ltd

Missing a tribunal time limit doesn’t always mean your discrimination claim is over

The ruling

“Age discrimination succeeded out of time, with a 10% ACAS 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 limit where it is fair to do so.

  • A just and equitable extension 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.
Read the full case

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, harassment, victimisation, unlawful deductions from wages, and breach of contract.

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 2010. 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 Practice on disciplinary and grievance procedures, the tribunal increased the compensation by 10 per cent. Every other claim was dismissed. The total award was £2,625.

Full citation

Mr D Bovekamp v Cawsburger Ltd. Case 6008805/2024. Employment Tribunal. 7 May 2026.

Last reviewed 12 July 2026