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Storer v British Gas plc: CA 25 Feb 2000

An industrial tribunal hearing conducted behind the locked doors of the chairman’s office was not held in public, even if, in fact, no member of the public was prevented from attending. The obligation to sit in public was fundamental, and the tribunal had no jurisdiction to conduct itself in this way. The industrial tribunal system … Continue reading Storer v British Gas plc: CA 25 Feb 2000

Prakash v Wolverhampton City Council: EAT 1 Sep 2006

EAT The Claimant was employed on a fixed term contract. During the terms of the contract he was dismissed for misconduct and made an application to the Employment Tribunal (ET) claiming unfair dismissal. He appealed but the appeal was heard after the date when the contract would have expired by effluxion of time. The appeal … Continue reading Prakash v Wolverhampton City Council: EAT 1 Sep 2006

Marks and Spencer Plc v Williams-Ryan: CA 19 Apr 2005

The court accepted a late filing of an employment tribunal claim after the claimant had received poor legal advice. Citations: [2005] EWCA Civ 470, [2005] IRLR 562 Links: Bailii Statutes: Employment Rights Act 1996 111(2) Jurisdiction: England and Wales Citing: Appeal from – Marks and Spencer Plc v S Williams Ryan EAT 17-Aug-2004 EAT Time … Continue reading Marks and Spencer Plc v Williams-Ryan: CA 19 Apr 2005

Six Continents Retail Ltd (Formerly Bass Taverns Limited T/A Bass Leisure Retail) v Hughes: EAT 19 Apr 2002

The claimant sought damages for sex discrimination after her summary dismissal. Though she received some advice, her application was lodged out of time. For the unfair dismissal and unlawful deductions claims, the test was whether it had been reasonably practicable to act within the time limits, but for the sex discrimination claim, the test was … Continue reading Six Continents Retail Ltd (Formerly Bass Taverns Limited T/A Bass Leisure Retail) v Hughes: EAT 19 Apr 2002

Top Rank Ltd v Dowding: EAT 21 Mar 1997

Whether the respondent’s complaint of unfair dismissal was presented to the Industrial Tribunal within the time limit laid down in the Employment Rights Act 1996 s.111(2). Judges: The Honourable Mr Justice Keene Citations: [1997] UKEAT 233 – 97 – 2103 Links: Bailii Statutes: Employment Rights Act 1996 111(2) Jurisdiction: England and Wales Employment Updated: 09 … Continue reading Top Rank Ltd v Dowding: EAT 21 Mar 1997

Stratford On Avon District Council v Hughes (Jurisdictional /Time Points): EAT 17 Dec 2020

The Claimant was dismissed on 29 March 2019. He maintained that the dismissal was unfair and contacted ACAS on 25 June 2019. ACAS informed him on 2 August 2019 that his employer did not wish to continue with the conciliation process and a certificate was emailed to him that day. The email was not received … Continue reading Stratford On Avon District Council v Hughes (Jurisdictional /Time Points): EAT 17 Dec 2020

Locke v Tabfine Ltd (T/A Hands Music Centre): EAT 29 Nov 2010

EAT JURISDICTIONAL POINTS – Extension of time: reasonably practicableThe Employment Tribunal had correctly directed itself that the evidential burden of proving under section 111(2)(b) of the Employment Rights Act 1996, in cases where it is it is satisfied that it was not reasonably practicable for the complaint to be presented before the end of the … Continue reading Locke v Tabfine Ltd (T/A Hands Music Centre): EAT 29 Nov 2010

T Mobile (Uk) Ltd v Singleton: EAT 23 Mar 2011

EAT JURISDICTIONAL POINTS – Claim in time and effective date of termination(1) Employment Judge erred in finding that the employer had caused the employee to make an error in his calculation of the three month time limit in failing to disabuse him of his mistake when there was no evidence of any misrepresentation or deliberation … Continue reading T Mobile (Uk) Ltd v Singleton: EAT 23 Mar 2011

Lezo v OCS Group UK Ltd: EAT 21 May 2010

EAT JURISDICTIONAL POINTS – Extension of time: reasonably practicableIt was not reasonably practicable for the Claimant to present his unfair dismissal claim in 3 months. But by waiting a further 11 days he went beyond a reasonable period: Employment Rights Act 1996 s111(2). The authorities on ‘reasonably practicable’ for primary limitation, and fault of advisers, … Continue reading Lezo v OCS Group UK Ltd: EAT 21 May 2010

Sheredes School v Davies: EAT 13 Sep 2016

EAT Jurisdictional Points: Extension of Time: Reasonably Practicable – The Claimant instructed solicitors in relation to an unfair dismissal claim. Time for presenting the claim was to expire on 25/10/15. On 08/10/15 the solicitors advised him to seek new solicitors in relation to the claim but gave no advice about the need to present a … Continue reading Sheredes School v Davies: EAT 13 Sep 2016

Paczkowski v Sieradzka: EAT 19 Jul 2016

EAT Jurisdictional Points : Extension of Time: Reasonably Practicable – Extension of time – reasonably practicable – section 111(2)(b) Employment Rights Act 1996 The Claimant sought to pursue a complaint of automatic unfair dismissal under section 104 ERA 1996 (alleging the reason for her dismissal was her assertion of a statutory right, namely the right … Continue reading Paczkowski v Sieradzka: EAT 19 Jul 2016