Source: All England Reporter
Publisher Citation: [2006] All ER (D) 142 (Oct)
Court: Employment Appeal Tribunal
Judge:

Judge Peter Clark
Representation Dijen Basu (instructed by Head of Legal Services, Lambeth) for the appellant.
  The respondent appeared in person.
Judgment Dates: 12 October 2006

Catchwords

Employment tribunal - Procedure - Complaint of unfair dismissal and breach of contract - Complaint of discrimination - Time limit for presentation of complaint - Employment tribunal making preliminary rulings on limitation - Employer challenging tribunal's rulings - Whether tribunal correctly applying limitation extension provisions - , s 32 - [Employment Tribunals] Extension of Jurisdiction (England and Wales) Order 1994, SI 1994/1623 - (Dispute Resolution) Regulations 2004, SI 2004/752.

The Case

In a case where the employer had challenged the preliminary rulings of the employment tribunal on issues of limitation and its jurisdiction to hear the employee's complaints concerning his dismissal, the appeal tribunal found that the limitation extension provided for by re15(2) of the (Dispute Resolution) Regulations 2004, SI2004-752 had been applicable to the employee's breach of contract complaint, but not to his complaints of discrimination.

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