EAT Employment Tribunal claim brought out of time because of Solicitor’s negligent advice. Application of British Coal Corporation -v- Keeble [1999] IRLR 337.
His Hon Judge Mcmullen QC
UKEAT/0851/03, [2004] UKEAT 0851 – 03 – 0704
Bailii, EATn
England and Wales
Citing:
Cited – British Coal Corporation v Keeble and others EAT 26-Mar-1997
The employer appealed against a decision by the tribunal that it had jurisdiction to hear the complaints of sex discrimination. The tribunal had extended the time for the claim on the just and equitable basis.
Held: The EAT set out five . .
Cited by:
Cited – McCarthy v H M Prison Service EAT 7-Feb-2005
EAT Time Limits
The Appellant applied out of time alleging unfair dismissal and sex discrimination. At the Employment Tribunal the Appellant’s Solicitor withdrew the unfair dismissal claim accepting he . .
Cited – Baynton v South West Trains Ltd EAT 8-Mar-2005
EAT The Claimant, post-termination, asked the employers to reconsider their dismissal of him for ill-health. His ET1 was presented two days after the three month period from dismissal expired.
The Tribunal . .
Cited – McDonagh v Event 22 Ltd FENI 9-May-2005
. .
Cited – Anderson v George S Hall Ltd EAT 3-Mar-2006
EAT Practice and Procedure – 2002 Act and pre-action requirements. Time Limits – just and equitable extension – Adequacy of reasons – Perversity. . .
Cited – Virdi v Commisioner of Police of the Metropolis, Central Police Training and Development Authority (Centrex) EAT 6-Oct-2006
EAT The appellant lodged claims under the Race Relations Act 1976 against the First Respondent. He contended they were in time. The ET held that they had been lodged a day out of time and refused to extend time . .
Cited – MacManus v Flagship Media Group Ltd and Another NIIT 12-Jan-2007
. .
Cited – Hunwicks v Royal Mail Group Plc EAT 20-Mar-2007
EAT Time Limits – Just and equitable extension
The Tribunal had not erred in refusing to extend time on ‘just and equitable’ grounds, notwithstanding that the Appellant had not been aware of the relevant . .
Cited – Campbell v Chief Constable and Another FENI 9-May-2007
. .
Cited – Ian Campbell v Chief Constable FENI 9-Jun-2007
. .
Cited – Muschett v London Borough of Hounslow EAT 6-Aug-2007
EAT Practice and procedure
Time for appealing
On hearing live evidence on appeals from decisions of the Registrar refusing extensions of time to lodge Notices of Appeal, three were dismissed and one was . .
Cited – Van Rensburg v The Royal Borough of Kingston-Upon-Thames and others EAT 16-Oct-2007
EAT Practice and Procedure: Striking-out/dismissal – Imposition of Deposit
The Employment Tribunal made a deposit order under rule 20 of the Tribunal Rules of Procedure against the Appellant on the grounds . .
Cited – Green v Intepress Ltd NIIT 1-Nov-2007
. .
Cited – Latimer v Montupet (UK) Ltd NIIT 23-Jun-2008
The claims 1068/05 and 1512/05 in relation to this claimant were ordered to be considered and heard together by an earlier Order of the Tribunal. The pre-hearing review was arranged to determine the issue whether the claimant’s claim allocated case . .
Cited – Orchid Pubs Ltd v Griffiths EAT 25-Sep-2008
EAT JURISDICTIONAL POINTS: Extension of time: just and equitable
In considering whether it is just and equitable to exercise its discretion under Section 68 of the Race Relations Act 1976 to extend the time . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 18 December 2021; Ref: scu.196036