time limits
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Wason & Wason v Holborn Community Association UKEAT/0263/10/DA
Appeal against a Tribunal’s ruling that the claimants' claims of unfair constructive dismissal could not be heard because they were out of time, and one of the claimants had not suffered race discrimination in relation to another job, but had instead been made redundant. Appeals dismissed and permission to appeal refused.
- cases
10/02/2011 14:35
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Shaw v B&W Group Ltd UKEAT/0110/10/JOJ
Appeal by claimant against decision that a claim for breach of contract was out of time as it did not fall within the scope of the relevant Regulations and that a written grievance for unfair dismissal was one where the employer was contemplating dismissal so the statutory procedures did not apply. Appeal on breach of contract claim allowed and remitted.
- cases
28/01/2011 16:30
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Miller v Lambeth Primary Care Trust UKEATPA/0943/10/SM
Appeal against Registrar's decision not to allow Notice of Appeal filed two days late. Appeal dismissed.
- cases
28/01/2011 16:29
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Okoro & Anor v Taylor Woodrow Construction Ltd & Ors UKEAT/0318/10/ZT
Appeals against refusal by the ET to postpone a pre-hearing review, and against the substantive judgment which refused an application by the claimants to amend their claims. Appeal allowed and listed for a full hearing. Appeal against wasted costs order against the claimants to be heard at the same hearing.
- cases
31/12/2010 17:37
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Blitz v Vectone Group Holdings Ltd UKEAT/0253/10/DM
Appeal by the claimant against a refusal to expedite the appeal hearing. Related application complaining about the decision to allow the respondent to take part in the proceedings and lodge their answer despite failing to lodge a skeleton argument and their answer in time. Application for costs against both sides. Appeal dismissed and applications refused.
- cases
17/12/2010 15:12
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The Effective Date of Termination,“Statutory Construct” and “Reasonable Opportunity”: The Supreme Court Decision in Gisda Cyf v Barratt
Thomas Oxton, of Alexander Chambers, looks at the Supreme Court's approach to the effective date of termination as set out in the recent judgment in Gisda Cyf v Barratt
- resources
07/11/2010 11:55
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Community Integrated Care v Peacock UKEATS/0015/10/BI
Appeal against decision by the ET that, even though the claimant's unfair dismissal claim was presented out of time, they could still hear her case as it was not reasonably practicable for her to have presented her claim in time due to her suffering from depression. The EAT found that the claimant's solicitor had failed to tell her about the 3 month limit. However, they ruled that this was not a case where the claimant’s health was so bad as to lead to the conclusion that even if she had been told about the time limit by her legal advisor she could not reasonably have been expected to be able to instruct the presentation of a claim. The factual findings all pointed to her having been in a position to do so if she had been told about it. Appeal succeeded and claim dismissed.
- cases
26/10/2010 14:13
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Gisda Cyf v Barratt [2010] UKSC 41
Appeal against ruling that unfair dismissal and sex discrimination claims were in time, in circumstances where the claimant had not read the letter of dismissal until four days after it had been received at her home. Appeal dismissed, largely on the grounds that, in such circumstances, s97 of the ERA 1996 should not be interpreted under established laws of contract but through the statutory intent of Parliament.
- cases
14/10/2010 09:40
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Newsquest (Herald & Times) Limited v Keeping UKEATS/0051/09/BI
Appeal by respondents against decision by Employment Judge to amend a claim to introduce a fresh equal pay claim in circumstances where there was no explanation for lateness but the judge had concluded that the time-bar was not in issue. The appeal was allowed partly because the judge had considered the wrong date. If she had considered the correct date she would have found that a time-bar arose and it would not have been open to her allow the amendment.
- cases
05/10/2010 16:11
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Owolowo v Family Mosaic Housing Association UKEAT/0160/10/ZT
Appeal against refusal to extend time for claims of discrimination and unfair dismissal. The EAT found that, even if the claimant, a litigant in person, had not specifically raised the point that he genuinely thought there was an ongoing procedure in relation to his dismissal, it should have been considered by the Tribunal Judge in light of the ET1. Appeal succeeded and remitted to the same Employment Judge.
- cases
30/09/2010 15:01
