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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

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

From first-generation student to trailblazing president of the London Solicitors Litigation Association, John McElroy of Fieldfisher reflects on resilience, identity and the power of bringing your whole self to the law

Clarke Willmott—Elaine Field

Clarke Willmott—Elaine Field

Planning and environment team expands with partner hire in Manchester

Birketts—Barbara Hamilton-Bruce

Birketts—Barbara Hamilton-Bruce

Firm appoints chief operating officer to strengthen leadership team

NEWS
A landmark Supreme Court ruling has underscored the sweeping reach of UK sanctions. In NLJ this week, Brónagh Adams and Harriet Campbell of Penningtons Manches Cooper say the regime is a ‘blunt instrument’ requiring only a factual, not causal, link to restricted goods
Fraud claims are surging, with England and Wales increasingly the forum of choice for global disputes. Writing in NLJ this week, Jon Felce of Cooke, Young & Keidan reports claims have risen sharply, with fraud now a major share of litigation and costing billions worldwide
Litigators digesting Mazur are being urged to tighten oversight and compliance. In his latest 'Insider' column for NLJ this week, Professor Dominic Regan of City Law School provides a cut out and keep guide to the ruling’s core test: whether an unauthorised individual is ‘in truth acting on behalf of the authorised individual’
Conflicting county court rulings have left landlords uncertain over whether they can force entry after tenants refuse access. In this week's NLJ, Edward Blakeney and Ashpen Rajah of Falcon Chambers outline a split: some judges permit it under CPR 70.2A, others insist only Parliament can authorise such powers
A wave of scandals has reignited debate over misconduct in public office, criticised as unclear and inconsistently applied. Writing in NLJ this week, Alice Lepeuple of WilmerHale says the offence’s ‘vagueness, overbreadth & inconsistent deployment’ have undermined confidence
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