EAT Jurisdictional Points : Claim In Time and Effective Date of Termination – A Tribunal accepted it was not reasonably practicable for a Claimant to begin proceedings within 3 months of his dismissal, despite the fact he had entered into detailed email correspondence, and pursued a grievance in respect of related matters during that time, because it was prepared to accept his evidence that he simply became unable to function properly and could not bring himself to do it. It held that it was reasonable for him to delay a further 6 weeks beyond the initial period on the basis it accepted his evidence that he put in an application to the Employment Tribunal as soon as he felt able to do so.
Although reservations were expressed, the Appeal Tribunal held that the conclusion was one of fact, and that (the ET having seen and assessed the Claimant) it could not be said to be perverse and must stand.
Langstaff P J
[2013] UKEAT 0011 – 13 – 0608
Bailii
England and Wales
Employment
Updated: 25 November 2021; Ref: scu.517542