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29 September 2011
Issue: 7483 / Categories: Case law , Law digest , In Court
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Employment

Jones v Thornton UKEAT/0068/11/SM, [2011] All ER (D) 122 (Sep)

It was established law that when reviewing the rejection of a late-lodged ET3, the tribunal was entitled to exercise a broad discretion in the interests of justice; restrictive rules were not to be applied. The respondent’s explanation for his failure to lodge a response in time would always be relevant. If the delay was the result of a genuine misunderstanding or an accidental or understandable oversight, the tribunal might be much more willing to allow the late lodging of a response.

The length of the delay was also a relevant factor. Further, it was necessary to consider the prejudice to the parties if the extension was either granted or not granted. In that context, the merits of the respondent’s defence would always in principle be relevant, because it was obviously a serious matter for a respondent to be held liable, owing to a procedural default, for a wrong that he might not have in fact committed.
 

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MOVERS & SHAKERS

NLJ Career Profile: Stephen Ward, The Barrister Group

NLJ Career Profile: Stephen Ward, The Barrister Group

From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

Clarke Willmott—Ben Loosemore

Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

Ellisons—Robert Tiffen

Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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