The claimant was dismissed on 7 September 1981. The time limit of three months, expired at midnight on 6 December. Other departments shared the building entrance with the Tribunal. The front door was closed over the weekend, but there was a letterbox, allowing posting. They would be cleared by a security officer when the offices re-opened and, supposedly, delivered to the appropriate intended recipient. Thus there was a communal letterbox receiving letters for all occupants, including the Employment Tribunal. The Originating Application was not presented until the Monday morning of 7 December 1981; and the question arose as to whether it could have been delivered and effectively presented on the previous day. The court considered the delivery of copy documents and what constituted ‘delivery… to the proper quarter’. The Court considered that the complaint could have been properly served through the communal letterbox. An application would be presented if placed through a letterbox or dealt within some other way held out by the regional office as a means whereby it will receive communications.
Waller, Watkins, Fox LJJ
[1983] 1 All ER 1179
England and Wales
Citing:
Distinguished – Pritam Kaur v S Russell and Sons Ltd CA 2-Jun-1972
The plaintiff sought damages following the death of her husband when working for the defendant. The limitation period expired on Saturday 5 September 1970. The writ was issued on the Monday following.
Held: The appeal succeeded. The writ was . .
Cited by:
Cited – Van Aken v Camden London Borough Council CA 11-Oct-2002
The appellant sought to appeal a review of his application for housing. The appeal was lodged at court after close of business on the last day of the statutory time limit. The court decided it was delivered out of time.
Held: The Act required . .
Cited – Gwynedd County Council v Grunshaw CA 22-Jul-1999
The plaintiff lived in Lincolnshire, but owned a house in Gwynnedd. She sought to serve a notice in her local County Court, appealing from an order for its demolition, but the manager of that Court refused to accept it saying that it should have . .
Lists of cited by and citing cases may be incomplete.
Litigation Practice, Employment
Leading Case
Updated: 31 October 2021; Ref: scu.180519