EAT JURISDICTIONAL POINTS – Claim in time and effective date of termination
(1) Employment Judge erred in finding that the employer had caused the employee to make an error in his calculation of the three month time limit in failing to disabuse him of his mistake when there was no evidence of any misrepresentation or deliberation omission by the employer. There was no evidence that the employer had addressed its mind to the issue at all.
(2) The fact that the employee had taken legal advice as to as to time limits about not instructing the solicitor to represent him at the hearing was material to the question of reasonable practicability under s111(2)(b) Employment Rights Act 1996. Observations of Burton J in Ashcroft v Haberdasher’s Aske’s Boys School (UKEAT/0151/07/CEA) followed.
 UKEAT 0410 – 10 – 2303
England and Wales
Updated: 06 March 2021; Ref: scu.430831