The Claimant's ET1 was received by the ET on Monday and the last day for presenting his claim was Sunday, the day before. He claimed that it had been posted by recorded delivery on the Thursday, thus would have deemed to have been presented to the ET on the Saturday. The ET did not consider it was in a position to find that the claim had been posted on either the Thursday or Friday, such that it could assume that delivery in the ordinary course of the post must have been over the weekend (or, at least, that it would have been had that been physically possible). The ET therefore concluded that the claim was out of time. The Claimant appealed on the ground that Rule 4(2) ET Rules extended time to the next working day if the last day of the time limit landed on a non-working day.

The EAT dismissed the appeal. The ET was correct to conclude that Rule 4(2) did not apply to the statutory time limit imposed by section 111(2) ERA 1996.