EAT JURISDICTIONAL POINTS – Extension of time: reasonably practicable
Employment Tribunal Judge extended time for an unfair dismissal claim by some eighteen months. The claimant relied on very severe and lengthy depression as an explanation for the failure but produced no medical evidence. The evidence was that she had asked her union official to put in her claim but the union had by oversight failed to do so. The Employment Judge accepted her evidence, notwithstanding the lack of supporting medical evidence, and held that she had reasonably believed that the union would lodge her claim.
The EAT held that in the Employment Judge had erred in law. Her trade union had been authorised to lodge the claim and had failed to do so. On the evidence, she had not merely believed that they would do so, but that was a correct belief. It could not be said that it was not feasible to put in her claim because the union could have done so. In addition, the judgment was not Meek compliant in certain respects. However, in the particular circumstances the Tribunal was entitled to assess her medical state on the basis of her own evidence and without medical evidence.
Substituting a finding that the claim was not pursued in time.
Citations:
[2008] UKEAT 0155 – 08 – 2406
Links:
Employment
Updated: 17 July 2022; Ref: scu.270390