PRACTICE and PROCEDURE
The claimant appeals against the decision of the Employment Tribunal (ET) dismissing her claim because it was presented three days after the deadline of 21 June 2019. The ET considered that there was a period of unexplained delay between 13 and 24 June 2019 and that it would not be just or equitable to extend time. The claimant had tried unsuccessfully to present her claim on two previous occasions.
Held, allowing the appeal in part, that whilst the Judge had a broad discretion in determining whether it would be just and equitable to extend, such discretion had to be exercised having regard to all relevant factors. Here, it was relevant that there was a period of unexplained delay, but the factual basis for the length of that period appears to have been incorrect, in that the claimant had posted her claim to the ET by 20 June 2019, which was some days earlier than the ET appears to have considered, and which was within the time limit. The matter would be remitted for the ET to consider whether, taking the proper period of delay into account, and the claimant’s two previous attempts at submitting her claim, it would be just and equitable to extend.
Judges:
The Honourable Mr Justice Choudhury (President)
Citations:
[2021] UKEAT 2020-001109
Links:
Jurisdiction:
England and Wales
Employment
Updated: 09 June 2022; Ref: scu.677782