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 could not show it was not reasonably practicable to issue in time. The Employment Tribunal held not just and equitable to extend time where both lay client and Solicitor were well aware of issue date. Employment Tribunal suggested possible claim against Solicitor. Held (1) no appeal against unfair dismissal claim, dismissed and withdrawn and in any event would have been fruitless (2) Employment Tribunal made no error of law, did not omit factors or take into account extraneous factors, and no basis for asserting perversity so appeal dismissed.


His Honour Judge Reid QC


UKEAT/0474/04, [2005] UKEAT 0474 – 04 – 0702


Bailii, EAT


CitedChohan v Derby Law Centre EAT 2-Mar-2004
EAT Employment Tribunal claim brought out of time because of Solicitor’s negligent advice. Application of British Coal Corporation -v- Keeble [1999] IRLR 337. . .
Lists of cited by and citing cases may be incomplete.


Updated: 30 June 2022; Ref: scu.224670