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Smith and Another v Edmundson Electrical Ltd: EAT 13 Sep 2006

EAT Claim for unfair dismissal presented to tribunal outwith the three month time limit. The tribunal held that it was time barred, rejecting an argument recorded as being to the effect that the grievance provisions of the 2004 Regulations applied. On appeal, where it was submitted that the tribunal should have considered whether or not the dismissal procedure provisions of paragraph 15 of the 2004 Regulations should have applied so as to extend the time limit, the EAT held that it was not incumbent on the tribunal to have considered them but even if it had been, the outcome would have been the same since there were no reasonable grounds on which the claimant could have believed that a dismissal procedure was still being followed when the three months expired.

Judges:

The Honourable Lady Smith

Citations:

[2006] UKEAT 0017 – 06 – 1309, UKEATS/0017/06

Links:

Bailii, EAT

Employment

Updated: 09 July 2022; Ref: scu.247808

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