Time Limits – Reasonably practicability
Unfair Dismissal – Exclusions including worker/jurisdiction
Claim for unfair dismissal presented by e-mail 88 seconds outside the prescribed three-month period. Employment Tribunal held that it was ‘reasonably practicable’ to present claim in time as although the Claimant knew on 5 May 2006 that the three month period expired on 6 May 2006, he misread the e-mail address of place to which the claim form had to be sent and sent it at 23.44 on 6 May 2006 to ‘qsi’ and not to the correct address which was ‘gsi’. The claim form was returned to the Claimant at 23.45 and he sent test message (rather than the claim form) to the correct address at 23.57 on 6 May 2006. The Claimant then sent the claim form to the correct address so that it arrived at 00.01and 28 seconds on 7 May 2006 and so it was late.
Issue on appeal was whether the Employment Tribunal had considered all relevant matters relevant to reasonable practicability.
Held: Employment Tribunal had considered the reasonable practicability issue properly taking into account all relevant matters; it had considered whether the Claimant knew of the three month period, the steps taken by him to ensure that claim was brought in time and the impediments preventing him from bringing the claim within the prescribed three month period.
Judges:
Silber J
Citations:
[2007] UKEAT 0626 – 06 – 0608
Links:
Jurisdiction:
England and Wales
Employment
Updated: 14 September 2022; Ref: scu.258609