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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

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

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The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
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