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04 October 2007
Issue: 7291 / Categories: Case law , Law digest
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EMPLOYMENT LAW

Thompson v Northumberland County Council [2007] All ER (D) 95 (Sep)

It was not disputed that it was not “reasonably practicable” for the claimant to have presented her claim within the initial three-month period and so the issue was whether or not the delay by the claimant from the end of that three-month period until the date when the claim was presented was “reasonable” (The Employment Rights Act 1996, s 111(2)).

It was held that although the two tests are different, they both embrace the concept of reasonableness, although the reasonably practicable test has the additional requirement of practicability.

Matters of crucial importance in determining the reasonableness aspect—rather than the “practicable” aspect—of the test of reasonably practicable are likely to be of substantial importance in ascertaining if a claimant has, after the end of the three-month period, launched proceedings “within such period as the tribunal considers reasonable”.

Thus, an employment tribunal should investigate what the employee knew and what knowledge the employee should have had if he or she had acted reasonably in all the circumstances while ignoring the practicability aspect of that definition.

Issue: 7291 / Categories: Case law , Law digest
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MOVERS & SHAKERS

Weightmans—Jason Slatcher

Weightmans—Jason Slatcher

Weightmans appoint new Chief Technology Officer

Mishcon de Reya—trainees

Mishcon de Reya—trainees

Mishcon de Reya announces trainee retention rate of 86%

Sackers—Charlotte Adams & Fraser Sutton

Sackers—Charlotte Adams & Fraser Sutton

Sackers welcomes two new Graduate Solicitor Apprentices

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Public law is in flux following reversals and robust appellate intervention, according to the latest public law update by the team at HSFK for NLJ
Neurotechnology is turning the human mind into an operational domain, exposing gaps in the laws of war
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