Booley v British Army Mod: EAT 19 Jul 2012

EAT PRACTICE AND PROCEDURE – Time for appealing
JURISDICTIONAL POINTS – Excluded employments
The Claimant, a former soldier, resigned and claimed constructive unfair dismissal and breach of contract in the Employment Tribunal. It declined jurisdiction: Employment Rights Act 1996 ss191-2 disapply the Act to the armed forces. The Claimant received clear legal advice to that effect but 9 months later he thought that advice was wrong as service women had obtained justice for equal pay and sex discrimination. The Registrar refused to exercise discretion to extend time to appeal. The appeal from the Registrar was dismissed. This was a case with no merit so there were no grounds to extend time.

Judges:

McMullen QC J

Citations:

[2012] UKEAT 1821 – 11 – 1907

Links:

Bailii

Jurisdiction:

England and Wales

Employment

Updated: 05 November 2022; Ref: scu.464247