EAT JURISDICTIONAL POINTS
Extension of time: reasonably practicable
Extension of time: just and equitable
The Employment Tribunal found that claims for unfair dismissal and disability discrimination, brought by the estate of a deceased employee, were out of time. They held that it was not reasonably practicable to present the claims in time, but that the wife of the claimant had not acted reasonably and promptly thereafter. Accordingly they held that the claim had not been put in within a reasonable period thereafter with respect to the unfair dismissal claim; and that it was not just and equitable to extend the time with respect to the disability discrimination claim.
The EAT held that in concluding that the wife had not acted promptly and reasonably, the Employment Tribunal had not given proper consideration to their important finding that she was ignorant that the estate could pursue these rights after her husband’s death. The appeals were upheld and the case remitted to a fresh tribunal.
Judges:
Elias P J
Citations:
[2008] UKEAT 0065 – 08 – 1607
Links:
Jurisdiction:
England and Wales
Employment
Updated: 04 July 2022; Ref: scu.270858