In the recent case of Eagles v Rugged Systems Ltd, the EAT held that the automatic three month extension to the time limit under Regulation 15 of the Employment Act 2002 (Dispute Resolution) Regulations 2004, which provides for an automatic three month extension of time for lodging certain complaints can be triggered by negotiations aimed at compromising an unfair dismissal claim and avoiding employment tribunal proceedings.

After receiving notice of redundancy, Mrs Eagles entered in to discussions with her former employer about a compromise agreement in respect of her alleged claim for unfair dismissal. No agreement was reached so Mrs Eagles lodged a claim at the employment tribunal, 22 days late. The EAT held that the time limit could be extended under Regulation 15 and remitted the case to the tribunal to consider whether, on the facts, Mrs Eagles was, at the expiry of the basic time limit, acting in the reasonable belief that a procedure was ongoing for resolving all the outstanding issues on her dismissal.