EAT Jurisdictional Points : Claim In Time and Effective Date of Termination – More than three weeks after the employer decided against the Claimant’s request for flexible working, she resigned in writing with immediate effect on 19 July, claiming constructive dismissal. The employer invited her in to discuss it and she affirmed in writing her previous letter. A claims management body sent a letter before action on her behalf. It and the Claimant mistook the EDT, thinking it was 31 July or 1 August. The Employment Judge permissibly held it was reasonably practicable to present the claim in time, even if the claims management body did not have the right to represent her and told her to present the claim herself. The Judgment would be sent to the Regulator.
There was no challenge to the Judge’s finding that it was just to extend time for the Sex Discrimination Act 1975 claim which now proceeds.
Judges:
McMullen QC J
Citations:
[2011] UKEAT 0262 – 11 – 2110
Links:
Jurisdiction:
England and Wales
Employment, Discrimination
Updated: 04 October 2022; Ref: scu.450621