Benjamin-Cole v Great Ormond Street Hospital UKEAT/0356/09/DA

Appeal against decision that the ET did not have jurisdiction to consider complaints of unfair dismissal or victimisation because the claimant's ET1 was lodged out of time. Appeal allowed and remitted back to ET before a different judge.

The claimant had instructed an employment advisor to complete and lodge her ET1. The ET1 was lodged just over 4 hours late due to, according to the advisor, unforeseeable personal events. The ET judge considered the extension of time position under s111 of the Employment Rights Act 1996 and s68(6) of the Race Relations Act 1976 and decided that both tests failed.

One of the main grounds of appeal was that the ET placed too great a reliance on the fact that the claimant had a remedy against the advisor. The EAT decided that, contrary to authority, the ET judge had laid the fault of the advisor at the door of the claimant and therefore allowed the appeal.

To download the full judgment in Word format, click the link below

Published: 01/02/2010 17:53

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