time limits
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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
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Wedgewood v Minstergate Hull Ltd UKEAT/0137/10/DA
Appeal against decision by Tribunal that the claimant's claim was out of time. The claimant claimed that a letter written by the respondent, absolving him from working his notice period, did not alter the 'effective date of termination' and thus his claim was in time. Appeal allowed.
- cases
19/07/2010 10:35
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Jabeen v Tower Hamlets Primary Care Trust [2010] EWCA Civ 793
Renewed application for permission to appeal where the applicant was seeking to overturn orders that her claim was out of time and where she alleged that the tribunal judge had announced that her claim would succeed but had changed his mind before giving the judgment. Application refused.
- cases
19/07/2010 10:29
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Chambers & Ors v QCR Motors Ltd (In Voluntary Liquidation) & Anor UKEAT/0545/09/MW
Appeals against decision by ET that claims of unfair dismissal had been brought out of time and therefore the court did not have jurisdiction to hear their complaints. The claimants claimed unfair dismissal after a TUPE transfer. The ET ruled, and the EAT agreed, that the clock for bringing a claim started on the date of transfer of the business, the claimants were aware of the date of transfer and were certainly aware of the date 3 weeks later. Therefore, it was reasonably practicable to have brought the claims within the 3 month limit. Appeals dismissed.
- cases
08/07/2010 20:55
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Northamptonshire County Council v Entwhistle UKEAT/0540/09/ZT
Appeal by employer where it was decided by the ET that it was not reasonably practicable for the claimant to present a claim in time as the employer had wrongly told them that he only had six weeks to claim and the claimant's solicitors had not noticed the error. Appeal allowed.
- cases
30/06/2010 17:16
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Heaven v Whitbread Group Plc
Appeal against decision by the Employment Tribunal that it did not have jurisdiction to hear a case because the claim was lodged out of time. Appeal succeeded.
- cases
16/06/2010 15:31
