EAT Unfair Dismissal – Claim in time – effective date of dismissal – reasonable practicability
The Employment Judge erred in law in her approach to the question of reasonable practicability – in particular, failing to make necessary findings as to whether advice received by the Claimant from solicitors as to the date of expiry of the time limit was or was not negligent. Northamptonshire County Council v Entwistle [2010] IRLR 741 – and the many authorities there summarised – applied.
The Employment Judge did not make a finding as to the effective date of dismissal, assuming without deciding that the effective date of dismissal was more than 3 months prior to the issuing of the claim form. On remission such a finding would be essential: it was not self evident that the effective date of dismissal was more than 3 months prior to the issuing of the claim form.
David Richardson J
[2013] UKEAT 0159 – 13 – 0509
Bailii
England and Wales
Employment
Updated: 26 November 2021; Ref: scu.518524