EAT Practice and Procedure : Review – JURISDICTIONAL POINTS – Claim in time and effective date of termination
The issue on the appeal was whether the Employment Tribunal had erred in law by refusing to review a decision that the claim in respect of unlawful deductions was out of time. In effect the Appellant had complained about the course of events at the hearing and about the decision that he was out of time and that should have been sufficient to trigger a reconsideration even though the rest of the letter applying for a review concentrated on reasons why the application had not been made earlier. The fact that the decision as to the claim being out of time appeared to be contrary to the decision of this Tribunal in Arora v Rockwell Automation Ltd UKEAT/0097/06 and thus very arguably wrong (subject to the facts, which remained to be properly investigated), whilst not drawn to the attention of the Employment Judge at that stage and not decisive by itself, nevertheless weighed in the balance when deciding whether there had been an error of law.
Hand QC J
[2013] UKEAT 0067 – 13 – 2410
Bailii
England and Wales
Employment
Updated: 26 November 2021; Ref: scu.518529
