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16 August 2007
Issue: 7286 / Categories: Legal News , Tribunals , Employment
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EAT upholds harsh time limit decision

News

An employment tribunal decision not to accept an unfair dismissal claim which was presented 88 seconds late has been upheld by the Employment Appeal Tribunal.

The claimant had tried to submit his claim electronically at about 11.45pm: his claim became out of time at midnight. However, he used the wrong web address, typing “qsi” instead of “gsi”. He then sent a test message about 11.57pm, and sent his actual claim form in 1 minute 28 seconds after midnight.

In Besley v National Grid, Mr Justice Silber said although he could understand the claimant feeling aggrieved since the delay was so small, it was reasonably practicable for the claim to have been presented on time so the tribunal’s decision that the claim was out of time was correct.
Bird & Bird employment lawyer Jeremy Nixon says: “Although the result of this case is extremely hard on the claimant, it perhaps not surprising given the wording of the statute and the public policy considerations which require time limits, particularly those concerned with when claims are commenced, to be rigidly adhered to. Human nature is such that people tend to leave things to the last minute. This case is a stark illustration of the risks this approach entails.”

Issue: 7286 / Categories: Legal News , Tribunals , Employment
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MOVERS & SHAKERS

Clyde & Co—Suriya Ashok

Clyde & Co—Suriya Ashok

Clyde Co strengthens energy transition and construction offering with hire of Suriya Ashok

Jurit—Nicole Gallop Mildon

Jurit—Nicole Gallop Mildon

Jurit appoints rare dual-qualified lawyer to expand Anglo-French private wealth expertise

NEWS
The Supreme Court has settled a long-running dispute over part-time workers: unfavourable treatment need be a significant or effective cause, not the sole cause
Arbitration may be private, but its confidentiality is no impenetrable shield. Writing in NLJ this week, James Glaysher of Kingsley Napley examines when courts will permit arbitral material to surface in open litigation
The Financial Reporting Council’s revised Audit Enforcement Procedure will alter the balance of power in corporate investigations
A telecoms operator may be able to hold over under the Landlord and Tenant Act 1954, yet still be unable to secure a renewal: an outcome described as a legal ‘paradox’

Safety fears do not automatically justify shutting an interested person out of a statutory will application

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