| Source: | All England Reporter |
| Publisher Citation: | [2002] All ER (D) 84 (May) |
| Court: | Employment Appeal Tribunal |
| Judge: | Judge Wilkie QC, Mr T Thomas and Mr N Willis |
| Representation | The appellant appeared by her representatives. |
| Ilyas Bulbulia of Nabarro Nathanson, Sheffield for the respondent. | |
| Judgment Dates: | 22 February 2002 |
Catchwords
Employment tribunal - Procedure - Complaint of unfair dismissal - Presentation of complaint to tribunal - Time limit for presentation of complaint - Application posted seven days before expiry of time limit but not received within prescribed period because of postal delay - Employee not represented by solicitors - Employee not checking with tribunal office that application had been received - Whether reasonably practicable for employee to have made claim during prescribed period.
The Case
A person acting without the benefit of legal advice was entitled to assume that a document would arrive in the normal course of post and was entitled to assume that it would be dealt with in the course of its business by the employment tribunal in a reasonably timeous way. In the circumstances the three weeks or so delay was reasonable and the tribunal had jurisdiction to determine the applicant's complaint of unfair dismissal.
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