Leicester City Council v Patel [2022] EAT 109

Appeal against a decision to allow a claim for unfair dismissal to be heard despite the claim initially being rejected because of an error and then because it was out of time. Appeal dismissed.

The Claimant made a claim for unfair dismissal at the ET but incorrectly stated the Respondent was Leicestershire City Council instead of Leicester City Council. The claim was rejected but after a reconsideration application, the ET ruled that a minor error had been made and it was not in the interests of justice to reject the claim. However, the ET accepted the claim from the date of the application for reconsideration which meant the claim was now out of time. 12 weeks after this decision, the Claimant applied for a second reconsideration and the claim was allowed to proceed. The Respondent appealed.

The EAT dismissed the appeal. The ET had been entitled to find there was no prejudice to the respondent, notwithstanding the delay in the claimant’s application for further reconsideration, and had permissibly found that the original mistake on the claim form had been a minor error and that it had not been in the interests of justice for the claim to be rejected.


Published: 08/08/2022 15:26

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