Source: All England Reporter
Publisher Citation: [2005] All ER (D) 248 (Jun)
Court: Employment Appeal Tribunal
Judge:

Judge Prophet, Mr T Haywood and Mr H Singh
Representation The employee appeared in person.
  Andrew Sharland (instructed by Martineau Johnson, Birmingham) for the employer.
Judgment Dates: 22 February 2005

Catchwords

Employment - Employment tribunal - Complaint - Time limit - Determination by tribunal that employee's complaints be allowed to proceed - Correctness of decision.

The Case

In reaching its decision on a preliminary issue relating to the admissibility of the applicant employee's complaints out of time, the employment tribunal had failed to direct itself to consider whether a person in the employee's position ought to have been aware of the relevant time limits. Accordingly, its decision to allow the complaints to proceed would be quashed and the issue remitted to a differently-constituted tribunal for re-hearing.

Practice Areas

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