EAT Time limits – Reasonable practicability
Appeal to the Employment Tribunal for unfair dismissal out of time. Employment Tribunal ruled out the ‘reasonable practicability’ route, as a solicitor was instructed and (impliedly) the fact that the internal appeal result was only given 6 hours before the midnight expiry on 6 July was of no relevance. Fresh evidence showed that the adviser instructed by the Appellant was not a solicitor. On appeal: Ground 1 dismissed, as the Dedman line of authorities did not depend on the ‘adviser’ upon whom the Appellant relied being a solicitor. As to Ground 2, Palmer no longer applies since Regulation 15 of the 2004 Regulations, such that an internal appeal is no longer immaterial to the reasonable practicability defence, if it means there is no time left between the result of the internal appeal and the expiry of the 3 months (e.g. Theobald and Elbeltagi). Appeal allowed and remitted to consider the s.111(2) extension.
Citations:
[2007] UKEAT 0151 – 07 – 1411, [2008] ICR 613, [2008] IRLR 375
Links:
Jurisdiction:
England and Wales
Employment
Updated: 09 August 2022; Ref: scu.263984
