EAT JURISDICTIONAL POINTS: Extension of time: reasonably practicable
In relation to the Claimant’s application for an extension for an out of time application for unfair dismissal, the Employment Judge (‘EJ’) made a finding that the dismissal was on 21 December 2007 but that, although there was uncertainty prior to 8 February, the Claimant was on and after 8 February under the belief that he was dismissed on 8 February. The EJ found that the Claimant had that belief notwithstanding clear statements that he was dismissed on 21 December, by the Appellant to the Claimant and his representative on 8 February, by the Claimant himself on 5 March and in correspondence. EJ made no finding that such belief was and/or continued to be reasonable. Not remitted, because no tribunal could find that it was.
Citations:
[2009] UKEAT 0035 – 09 – 0604
Links:
Jurisdiction:
England and Wales
Employment
Updated: 12 July 2022; Ref: scu.346162