EAT JURISDICTIONAL POINTS
Extension of time: reasonably practicable
2002 Act and pre-action requirements
An Employment Tribunal is entitled to hold that it is not reasonably practicable for a Claimant to present a dismissal claim while an internal procedure is ongoing, anticipating reliance on Regulation 15 of the 2004 Regulations. Such a finding can also cover a short period of time before the deadline expires: see Ashcroft.
Separately, Regulation 15 is directly applicable only when the Claimant reasonably believes, up to the expiry of the three month deadline, that a procedure is ongoing. The deadline is then extended to six months. It has no application except to give the one-off extension from three to six months.
When an internal appeal failed eight months after dismissal, reliance could not be placed on Reg 15 itself, or indirectly to say it was not reasonably practicable to present the claim in the first three months. Case remitted.
Citations:
[2009] UKEAT 0452 – 08 – 1602
Links:
Citing:
Cited – Secretary of State for Health v Rance EAT 4-May-2007
EAT Equal Pay Act – Part time pensions
Practice and Procedure – Appellate jurisdiction/Reasons/Burns-Barke
The EAT exercised its discretion to allow a point conceded at the Employment Tribunal to be . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 24 July 2022; Ref: scu.342104