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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

Harneys—Maggie Kwok & George Weston

Harneys—Maggie Kwok & George Weston

Harneys senior leadership appointments

Freeths—Keith Browne & Jim Jordan

Freeths—Keith Browne & Jim Jordan

Freeths strengthens London Construction and Engineering practice with two strategic senior hires

Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

Anthony Collins announces strategic hire to deepen skills base in the social business sector

NEWS
More than 100 teams from the legal and financial services sectors competed in five sports at the 51st Law Society RFC Festival of Sport earlier this month
Part-time status need only be an effective cause of less favourable treatment, rather than the sole cause, the Supreme Court has held in Augustine v Data Cars
Britain’s new acknowledgement that Israel’s occupation is unlawful, and accompanying settlement-goods ban and sanctions, is significant but overdue, argue Danny Friedman KC and Victor Kattan in NLJ this week
New planning fee rises, wider trade union access rights and a service-by-email trap feature in Stephen Gold’s latest Civil Way
Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
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