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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

DAC Beachcroft—Clare Dewar

DAC Beachcroft—Clare Dewar

DAC Beachcroft strengthens Scottish real estate capabilitywith partner appointment

Womble Bond Dickinson—Brendan Ryan

Womble Bond Dickinson—Brendan Ryan

Womble Bond Dickinson appoints Brendan Ryan as partner in Public Law Projects team

Parklane Plowden Chambers—five appointments

Parklane Plowden Chambers—five appointments

Parklane Plowden Chambers welcomes five new barristers

NEWS
The 25th Pro Bono Week begins today until 6 November, with events hosted by law firms, chambers, law schools and charities across the UK
Pro bono is celebrating a silver anniversary, with initiatives putting businesses and students at the heart of access to justice
Choosing the wrong expert can cost a clinical negligence claimant more than their case
Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims
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