EAT Unfair Dismissal
The Appellant was dismissed for alleged gross misconduct. The Employment Tribunal held that his ET1 was presented one day late and that it was reasonably practicable to have presented it in time. They rejected his claim to be entitled to an extension of time under Rule 15 of the Dispute Regulations 2004 on the grounds that he had not attended an appeal meeting and therefore was in breach of the Standard Grievance Procedure, 2002 Act Schedule 2, Part 2.
Held on appeal:
(i) that the Standard Dismissal and Disciplinary Procedure and not the Grievance Procedure applied: see Regulation 3(1) and 6(5);
(ii) that the Tribunal ought therefore to have considered Regulation 15(2) and not Regulation 15(3) in deciding whether the extension of time in regulation 15(i) applied; Regulation 15(2) raised different factual questions.
(iii) That it was possible that on the facts the Appellant might not have been in breach of the Disciplinary and Dismissal Procedure by virtue of Regulation 11(1) and (3) or Regulation 13(1);
(iv) that therefore the time extension issue should be remitted to the Tribunal.
Judges:
Burke QC HHJ
Citations:
[2006] UKEAT 0166 – 06 – 2303
Links:
Employment
Updated: 06 July 2022; Ref: scu.241483