Tuesday, 27 June 2006

When is three months not three months?

The EAT has handed down a judgment dealing with time limits under Regulation 15(1) of the Employment Act (Dispute Resolution) Regulations 2004.

The Claimant resigned on the basis of constructive dismissal and served a combined resignation and grievance letter on the Respondent on 20 June 2005.

He then lodged his tribunal claim on 20th December 2005.

The finding of both the Employment Tribunal in a pre-hearing review, and later at the EAT, were that the claim was served on time. The EAT held that the extension of time under Regulation 15(1) means three months, and not three months less one day.

Rainbow International v Taylor

[Thanks to Helen Kennedy, trainee solicitor at Anthony Collins, who successfully represented the Claimant at both the ET and EAT]

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