Dhungana v Rai and Others: EAT 25 Jul 2022

The appeal was against the refusal of a tribunal to extend time on just and equitable grounds for the bringing of a claim by the Second Claimant for a redundancy payment under section 135 of the Employment Rights Act 1996. The tribunal’s reason for that decision was that the Second Claimant would be unlikely to establish that she was an employee of the Respondents, because there was no mutuality of obligation between them. The Appeal Tribunal held that the tribunal had erred in reaching that conclusion on the evidence before it and that that conclusion was sufficiently material to its refusal to extend time as to warrant the remission of the issue of extension of time for a fresh decision.

Citations:

[2022] EAT 100

Links:

Bailii

Jurisdiction:

England and Wales

Employment

Updated: 09 September 2022; Ref: scu.680326