time limits
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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
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Carter v The Blackstone Group International Ltd UKEATPA 0966/09/DM
Appeal against finding that an unfair dismissal claim was out of time where the claimant submitted that it was not reasonably practical for her to do so in time because of a medical condition. Appeal dismissed.
- cases
28/04/2010 11:05
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Scerbaks v Pertemps Recruitment Partnership Ltd UKEAT/0029/10/LA
Appeal against decision that a claim was out of time. Appeal dismissed
- cases
28/04/2010 10:05
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Fundira v Stagecoach Services [2010] EWCA Civ 245
Renewed application for permission to appeal decisions not to allow extension of time for an appeal. Application refused.
- cases
19/04/2010 11:40
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Royal Bank of Scotland PLC v McClelland UKEAT/0096/10
Appeal against decision of the ET that a sex discrimination should proceed to a full hearing, the respondent contending that the claim was out of time. The claimant argued that what happened during the grievance procedure was a continuance of the discriminatory treatment of which she was complaining. The Tribunal concluded that the claim for sex discrimination should proceed to a hearing before a full Tribunal which would hear the evidence and would decide whether the way the grievance procedure was conducted was part of a continuing act. If it was not, then the Tribunal would have to decide whether it would be just and equitable to assume jurisdiction. If it did, it would consider the substance of the case. The EAT upheld this ruling saying that the Employment Judge cannot be said to have approached the question in an erroneous way in law, nor was his conclusion either perverse or evidence of a misdirection of law.
- cases
18/04/2010 13:10
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Benjamin-Cole v Great Ormond Street Hospital UKEAT/0356/09/DA
Appeal against decision that the ET did not have jurisdiction to consider complaints of unfair dismissal or victimisation because the claimant's ET1 was lodged out of time. Appeal allowed and remitted back to ET before a different judge.
- cases
01/02/2010 17:53
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Evershed v New Star Asset Management [2009] EWCA Civ 1444
Application for permission to appeal refusal to allow the claimant to amend his ET1 form, out of time, so that the claim became one concerning protected disclosure rather than that of constructive dismissal. Permission granted.
- cases
20/01/2010 13:49
