EAT Jurisdictional Points : Extension of Time: Reasonably Practicable – Extension of time: just and equitable – FIXED TERM REGULATIONS – Time limits. Employment Judge entitled to conclude that claims under Employment Rights Act 1996 made 5.5 years out of time should not proceed. Even if not reasonably practicable to present them within time, they were not presented within a reasonable time thereafter.
However, in rejecting a claim under the Fixed-Term Employees Regulations 2002 on the basis that it was limited to a victimisation claim under reg. 6 the EJ overlooked a potential complaint under reg. 3.
The question of just and equitable extension under reg. 7(3) remitted to same EJ for determination.
Peter Clark J
[2013] UKEAT 0288 – 13 – 1012
Bailii
England and Wales
Employment
Updated: 28 November 2021; Ref: scu.520040