An ET erred in holding that a form ET1 had been lodged in time. The ‘corresponding date rule’ taken with Section 207B of the ERA 1996 provides for a straightforward ‘Day A and Day B’ calculation to be carried out. Applying that formula to the EDT as permissibly determined by the ET in the present case, the ET1 was presented out of time, and the ET that it had been reasonably practicable for the Claimant to have presented it in time. The appeal was therefore allowed.
[2020] UKEAT 0185 – 19 – 0602
Bailii
England and Wales
Employment
Updated: 12 November 2021; Ref: scu.653265