Some employers may be tempted to delay an internal appeal against dismissal until the deadline for a tribunal unfair dismissal claim has expired, in the hope that this may prevent the employee litigating. The EAT has ruled that this may not work where an employee is "reasonably" ignorant of the time limit before receiving the outcome of the appeal. The tribunal may conclude that it was not reasonably practicable to bring the claim in time in these circumstances and grant a further reasonable period of time to submit the claim. (John Lewis Partnership v Charman, EAT)
Register Now As you are not an existing subscriber please register for your free daily legal newsfeed service.
RegisterIf you have any questions about the service please contact customerservices@lexology.com or call Lexology Customer Services on +44 20 7234 0606.
Appeals against dismissal: employer delay may lead to extension of tribunal claim deadline
- Herbert Smith Freehills LLP
- Andrew Brown, Anna Henderson, Peter Frost, Andrew Taggart, Tim Leaver and Jemima Coleman
- United Kingdom
- June 7 2011
-
If you are interested in submitting an article to Lexology, please contact Andrew Teague at ateague@lexology.com.
![]()
Monique Greene
Corporate Counsel
Powershop