Cullinane v Balfour Beatty Engineering Services Ltd and Another: EAT 5 Apr 2011

EAT JURISDICTIONAL POINTS – Extension of time: reasonably practicable
Question whether the period between the Appellant learning of a possible blacklisting claim under s. 137 of TULR(C)A and bringing proceedings was reasonable within the meaning of s.139 (1) (identically worded to s. 111 (2) of 1996 Act) – Judge failed to take into account part of the evidence – Remitted – Issue as to whether the ‘Dedman principle’ applied equally to the question whether the period between discovery of the cause of action and the presentation of the claim was ‘reasonable’ – Held that in considering the question whether the period was reasonable the fact that any unreasonable delay was the fault of the Claimant’s advisers could not assist the Claimant.

Judges:

Underhill P J

Citations:

[2011] UKEAT 0537 – 10 – 0504

Links:

Bailii

Jurisdiction:

England and Wales

Employment

Updated: 12 September 2022; Ref: scu.439846