The EAT has upheld a decision not to accept an unfair dismissal claim which was presented 88 seconds late.
The Claimant tried to present his claim electronically about 15 mins before midnight on the last day for presentation. However, he mistyped the web address (typing 'qsi' instead of 'gsi'). He then sent a test message about 3 mins before midnight, and sent his actual Claim Form 1 min 28 secs after midnight.
The EAT upheld the ET's decision that the claim was out of time. It stated that it was reasonably practicable for the claim to have been presented within time (ie before midnight), and although the result seemed harsh, time limits are there to be followed.
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Daniel Barnett is a barrister at Outer Temple Chambers, with over 15 years' experience defending companies facing employment tribunal claims and associated commercial disputes. He is listed as a leading employment barrister in the ‘Legal 500′, and described in the Times Law Supplement as having “carved out a strong reputation”.
Daniel regularly advises and represents large and small businesses in discrimination claims, TUPE problems, team moves, removal of confidential business information, and unfair dismissal disputes. He has been appointed as employment law advisor to Acas since 2004, and is the author or co-author of seven legal textbooks.
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Over 28,000 people, including solicitors, barristers, HR professionals and employment tribunal judges, receive these bulletins.
Daniel Barnett is a barrister at Outer Temple Chambers, with over 15 years' experience defending companies facing employment tribunal claims and associated commercial disputes. He is listed as a leading employment barrister in the ‘Legal 500′, and described in the Times Law Supplement as having “carved out a strong reputation”.
Daniel regularly advises and represents large and small businesses in discrimination claims, TUPE problems, team moves, removal of confidential business information, and unfair dismissal disputes. He has been appointed as employment law advisor to Acas since 2004, and is the author or co-author of seven legal textbooks.
--> http://www.danielbarnett.co.uk/
Search this archive
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