EAT Jurisdictional Points : Claim In Time and Effective Date of Termination – Extension of time: reasonably practicable
Claims for constructive unfair dismissal and unlawful deduction of wages were held to be out of time and the Claimant had not shown that it was not reasonably practicable for her to lodge her claims in time. The Employment Judge held that there was therefore no jurisdiction to determine them and subsequently refused to review his decision.
On appeal the key question was when was the effective date of termination (EDT), in circumstances where the Claimant had unequivocally resigned on one date, with immediate effect, and her employer subsequently informed her that her resignation would be taken as commencing on a later date, essentially for administrative purposes, and the Claimant then proceeded on the basis that the EDT was that later date. Her ET1 was lodged one day out of time.
It was held that the Employment Judge was correct to conclude on the facts that the EDT here was the earlier date, the Claimant having resigned with immediate effect and the employer having received notice of her resignation. His finding that there had been no subsequent agreed variation of the EDT was also upheld, as was his finding that the problem had arisen because of a misunderstanding between the Claimant and her legal adviser, and that it had been reasonably practicable for her to lodge her ET1 in time. The unlawful deductions claim could not survive in the circumstances and the decision that there was no jurisdiction to determine both claims was held to be correct. The appeals, against the substantive decision and the refusal to review, were both dismissed.
Judges:
Cox J
Citations:
[2012] UKEAT 0463 – 11 – 0304
Links:
Jurisdiction:
England and Wales
Employment
Updated: 06 October 2022; Ref: scu.452508
