EAT JURISDICTIONAL POINTS – Extension of time: reasonably practicable
Employer wrongly informed Claimant that he had three months in which to present an unfair dismissal when he only had six weeks – Claimant consulted solicitors, who negligently failed to notice the error – Claim presented two weeks out of time – Tribunal holds not reasonably practicable to present claim in time.
Held: allowing appeal, that it was reasonably practicable for Claimant to present claim in time because if his solicitor had given him advice of the kind he should reasonably have been given the employer’s mistake would have had no effect – Dedman [1974] ICR 53, Walls [1979] ICR 52 and Williams-Ryan [2008] ICR 193 followed – Sen [1993] IRLR 333 distinguished.
Citations:
[2010] UKEAT 0540 – 09 – 2505
Links:
Employment
Updated: 21 August 2022; Ref: scu.420255
