EAT Jurisdictional Points: Extension of Time: Reasonably Practicable – The Claimant instructed solicitors in relation to an unfair dismissal claim. Time for presenting the claim was to expire on 25/10/15. On 08/10/15 the solicitors advised him to seek new solicitors in relation to the claim but gave no advice about the need to present a claim by 25/10/15. On 14/10/15 there was a Solicitors’ Regulatory Authority (‘SRA’) intervention which prevented the solicitors from taking any action or communicating with clients thereafter. The Claimant saw other solicitors on 05/11/15 and, with the assistance of his wife but without having obtained the file, presented his claim on 10/11/15.
The Employment Judge extended time for presenting the claim under section 111(2)(b) Employment Rights Act 1996 on the basis that the SRA intervention was a special reason preventing the presentation of the claim in time. She failed to consider (as invited by the Respondent) whether the solicitors should have advised on 08/10/15 that the claim needed to be presented urgently and what the result would have been if such advice had been given.
That was an error of law and the appeal would be allowed. Further, since it was clear that the solicitors should have advised of the urgent need to present a claim and that, if they had done so, a claim would have been presented in time, the Employment Appeal Tribunal substituted a decision that the claim was out of time and the Employment Tribunal had no jurisdiction to consider it.
Shanks HHJ
[2016] UKEAT 0196 – 16 – 1309
Bailii
England and Wales
Employment
Updated: 24 January 2022; Ref: scu.570395
