The claim was submitted outside the time limitation period, and the employer appealed the finding of jurisdiction. The employee was not represented, and thought the limit ran from a meeting after the dismissal. Where there is a mistaken belief as to the existence of a time or a date from which a claim should run, that is not relevant to the question of reasonable practicability. The tribunal had therefore erred in taking account of that mistake, and they had also misconstrued the test or reasonable practicability, by testing for understandability.
EAT Jurisdiction –
The Honourable Lord Johnston
EAT/325/01
England and Wales
Citing:
Cited – Palmer and Saunders v Southend-on-Sea Borough Council CA 1984
May LJ proposed a test of ‘reasonable possibility’ for when a claimant should be allowed to extend the time for lodging a claim before the employment Tribunal: ‘[W]e think that one can say that to construe the words ‘reasonably practicable’ as the . .
Lists of cited by and citing cases may be incomplete.
Updated: 17 September 2021; Ref: scu.168324
