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01 May 2008
Issue: 7319 / Categories: Case law , Law digest
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Employment Law

Ashcroft v Haberdashers’ Aske’s Boys’ School [2008] IRLR 375 (EAT)

The claimant was informed of the unsuccessful outcome of his internal appeal against dismissal some six hours before the three-month time time-limit for presenting a claim to the tribunal (under s 111 of the Employment Rights act 1996) expired.

Since there was no appeal pending when the time limit expired, reg 15(2) of the Employment Act 2002 (Dispute Resolution) Regulations 2004 (SI 2004/ 752) (which provides for an automatic three-month extension of the time limit where a statutory procedure is being followed when the time limit expires) did not apply.

HELD The effect of the 2004 Regulations is to encourage the employee not to bring proceedings pending the outcome of an internal appeal. Regulation 15(2) is predicated upon the assumption that there will not be an application to the employment tribunal prior to the expiry of the appeal period, and so overtakes the position established by Palmer v Southend-on-Sea Borough Council [1984] IRLR 119.

The tribunal should therefore have found that it was not reasonably practicable for the claimant to have presented his claim (the case was remitted for the tribunal to consider whether the claim had been submitted within a reasonable period thereafter).

Issue: 7319 / Categories: Case law , Law digest
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MOVERS & SHAKERS

NLJ Career Profile: Ken Fowlie, Stowe Family Law

NLJ Career Profile: Ken Fowlie, Stowe Family Law

Ken Fowlie, chairman of Stowe Family Law, reflects on more than 30 years in legal services after ‘falling into law’

Gardner Leader—Michelle Morgan & Catherine Morris

Gardner Leader—Michelle Morgan & Catherine Morris

Regional law firm expands employment team with partner and senior associate hires

Freeths—Carly Harwood & Tom Newton

Freeths—Carly Harwood & Tom Newton

Nottinghamtrusts, estates and tax team welcomes two senior associates

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