Pora v Cape Industrial Services Ltd UKEAT/0253/18/BA

Appeal against the ET’s decision that it did not have jurisdiction to consider the Claimant’s complaint of unfair dismissal as it was presented out of time. Appeal dismissed.

The Claimant was dismissed by the Respondent; shortly afterwards, he put his case for unfair dismissal in the hands of solicitors recommended to him by Citizens Advice, and relied on them to present his claim. He was assured on several occasions that all was in hand, but it transpired that no claim for unfair dismissal was presented to the ET until after the time limit had expired. When the Claimant presented his claim, requesting an extension of time on the basis of his solicitors' negligence, the ET ruled that it had been reasonably practicable for the Claimant to present his complaint within the relevant time period, and so the ET did not have jurisdiction to consider the complaint. The Claimant appealed.

The EAT held that the ET had correctly concluded that it was reasonably practicable for the Claimant to present his claim in time.

http://www.bailii.org/ew/cases/EWCA/Civ/2005/470.html

Published: 17/05/2019 18:02

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