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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

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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