header-logo header-logo

16 August 2007
Issue: 7286 / Categories: Legal News , Tribunals , Employment
printer mail-detail

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
printer mail-details

MOVERS & SHAKERS

Hugh James—Jonathan Askin

Hugh James—Jonathan Askin

London corporate and commercial team announces partner appointment

Michelman Robinson—Daniel Burbeary

Michelman Robinson—Daniel Burbeary

Firm names partner as London office managing partner

Kingsley Napley—Jonathan Grimes

Kingsley Napley—Jonathan Grimes

Firm appoints new head of criminal litigation team

NEWS
Hugh James has secured 500 places on King’s College London’s new AI Literacy for Law course as part of a major firm-wide push to strengthen its responsible use of generative artificial intelligence
The criminal courts will sit to their maximum capacity next year, after the Lord Chancellor David Lammy lifted the cap on Crown Court sitting days
The Lord Chancellor David Lammy has set out his plans for ‘Blitz courts’, a national listing framework and other elements of the Leveson reforms
A former Commerzbank analyst has been sentenced to eight months in prison for lying during an employment tribunal hearing
The Information Commissioner’s Office (ICO) has joined with 60 data protection authorities from around the world to call for ‘urgent regulatory attention’ to the dangers of artificial intelligence (AI)
back-to-top-scroll