Source: All England Reporter
Publisher Citation: [2010] All ER (D) 88 (Sep)
Court: Employment Appeal Tribunal
Judge:

Judge Hand QC

Representation Ayoade Elesinnla (instructed by JR Jones, Ealing) for the employee.
  Kim Abbott (instructed by Weightmans LLP, Leicester) for the employer.
Judgment Dates: 5 May 2010

Catchwords

Employment tribunal - Jurisdiction - Unfair dismissal - Respondent employer dismissing claimant employee for alleged gross misconduct - Employee bringing complaint of unfair dismissal before employment tribunal outside relevant time limit - Employee subsequently bringing further complaint of race discrimination - Tribunal accepting jurisdiction in respect of race discrimination but not unfair dismissal - Employee appealing on ground that tribunal misinterpreting relevant authorities - Whether 'substance of tribunal complaint' including substance of employee's complaint of unfair dismissal - (Dispute Resolution) Regulations 2004, .

The Case

Employment tribunal Jurisdiction. The Employment Appeal Tribunal (EAT) allowed the employee's appeal against a decision by the employment tribunal to refuse her an extension of time pursuant to reg 15(2) of the (Dispute Resolution) Regulations 2004, (the Regulations), for bringing her claim of unfair dismissal. The EAT decided that the reference in reg 15(2) of the Regulations to 'the substance of the Tribunal complaint' included the substance of the employee's complaint of unfair dismissal on the basis that that phrase referred not to the cause of action, but to the factual matrix from which the cause of action derived.

Practice Areas

If you are a LexisLibrary subscriber you can read more about this case here.