The question this week is: Can a misunderstood termination date justify an extension of a Claimant’s limitation date? Is it sensible to appeal a decision on the above to the Court of Appeal? Lowri Beck Services Ltd v Brophy Mr Brophy, the Claimant, was dismissed by Lowri Beck Services, the Respondent, over the telephone on [...]
This week we are looking at tribunal procedure and limitation dates. The case is actually one we have covered when it was a mere Employment Tribunal claim, since then the employer has appealed the decision in both the EAT and Court of Appeal. Limitation dates are the final date a Claimant has to commence ACAS [...]
Our next case is another update concerning tribunal procedure (cheers/groans), this time focusing on the electrifying, high-octane world of limitation dates. For those of you who aren’t familiar with how limitation works for employment tribunal claims, much of the background law is summarised in our previous update of DHL v Fazackerley. The question in this [...]
Hello and welcome back to your weekly case law update. Last week we looked at constructive dismissal and pay cuts. This week we are looking at a procedural case about bringing claims out of time. A few weeks ago, we covered a case about limitation dates and ACAS Early Conciliation. Not only do prospective Claimants […]
It is imperative that Tribunal time limits are adhered to as it is very difficult to argue that ‘it was not reasonably practicable’ to comply. One example of where it may not be reasonably practicable to comply is where medical conditions create an impediment, as illustrated by the EAT case of Mrs Franks v The […]
The EAT Rules require that a Notice of Appeal and all supporting documentation should be lodged at the EAT within 42 days of the Tribunal judgment. In the case of Mrs Parkinson and Mrs Heyes v Lancashire Mind Ltd the Notice of Appeal was sent in time but copies of the original Tribunal ET3’s were […]
It is well established that appeals to the Employment Appeal Tribunal (EAT) have to be lodged within 42 days of the judgment being sent to the parties by the Employment Tribunal. It is also well established that the Notice of Appeal must be on Form 1 and accompanied by a copy of the ET1, ET3, […]
In this case at the EAT, an employer had a narrow escape from not being allowed to defend an Employment Tribunal complaint against it because it sent an e-mail intending to present a Response (in time) but in fact presenting an unrelated document because the wrong file was attached to the e-mail. The correct document […]
The three months (minus a day) time frame for bringing the majority of employment related claims starts running from the effective date of termination (“EDT”). Clearly establishing this date is therefore crucial. The EAT has considered another case where the EDT is uncertain due to ambiguous wording in a dismissal letter. In the case of […]
The case published today in the EAT of Northamptonshire County Council v Entwhistle is a useful reminder of the law around the reasonably practicable argument when a Claimant presents a claim outside the normal time limit for unfair dismissal and has sought advice. In this case the Respondent wrongly informed the Claimant he had three […]
I am like a dog with a bone with my blogs on this point this week ! Yet another EAT case concerning whether a claim has been brought in time. The limitation period for unfair dimissal is three months. Mr Scerbaks presented his claim on 7 March 2009. This means that his effective date of […]
An EAT decision published today has upheld a decision made in our local Employment Tribunal in Leicester allowing a Claimant an extension of time to bring his unfair dismissal claim because it was not reasonably practicable for him to claim within the usual 3 month time limit from the date of his dismissal. In this case the […]
In Anderson v Hilton International UK a firm of Solicitors who left filing a form 3 (response to appeal at the EAT) to the last day and later found out that their fax machine had only sent the first page succeeded in securing a retrospective time extension of one day. The firm thought that the […]
The case of Anthony Chowles t/a Granary Pine v West in the EAT illustrates the importance of correct spelling when completing an ET1 form. The Claimant spelt the Respondent’s name incorrectly and also entered the wrong postcode. The Respondent did not lodge a response and the Tribunal entered a default judgment and awarded the Claimant £18,310. […]
