EAT JURISDICTIONAL POINTS – Extension of time: reasonably practicable
Claimant dismissed for misconduct – Internal appeal panel decision announced orally without reasons two days before expiry of three-month limit under s. 111 (2) of Employment Rights Act 1996 – On basis of oral decision, Claimant believes ‘hopeless’ to bring unfair dismissal claim – On receipt of written decision received after expiry of time limit, Claimant believes that he does after all have grounds for bringing claim – Tribunal holds not reasonably practicable to present claim until receipt of written reasons – Appellant employer accepts (in light of Ashcroft [2008] ICR 613 and Bevan [2008] ICR 682) that Claimant was entitled to wait until outcome of appeal known but contends that at that point he knew all that he needed to bring the claim and that the written reasons gave him no new grounds.
Held, dismissing appeal, that the Tribunal was entitled to hold that the appeal panel’s written reasons genuinely changed Claimant’s belief in the viability of his claim and that that change was reasonable – Machine Tool Industry Research Association v Simpson [1998] ICR 558 applied – Consideration of effect of Machine Tool, Churchill v A Yeates and Sons Ltd. [1983] ICR 531, and Marley (UK) Ltd. v Anderson [1996] ICR 728.
Citations:
[2009] UKEAT 0108 – 09 – 0805
Links:
Employment
Updated: 26 July 2022; Ref: scu.346167
