Sir John Brightman said that a court, asked about whether an out if time claim could have been presented in time, should read the word ‘practicable’ as the equivalent of ‘feasible’ and ask colloquially and untrammelled by too much legal logic – ‘was it reasonably feasible to present the complaint to the tribunal within the relevant three months?’
Judges:
Sir John Brightman
Citations:
[1973] ICR 437
Jurisdiction:
England and Wales
Cited by:
Cited – The Royal Bank of Scotland Plc v Theobald EAT 10-Jan-2007
EAT Claim for unfair dismissal not presented timeously, within three months, but was presented thirteen days thereafter. During most of the three month period, the Claimant had an outstanding appeal process . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 09 September 2022; Ref: scu.383830