Source: All England Reporter
Publisher Citation: [2002] All ER (D) 38 (Apr)
Court: Employment Appeal Tribunal

Commissioner Howell QC, Mr R Straker and Mr G Wright

Representation Joanna Heal (instructed by Rothera Dawson, Nottingham) for the employee.
  Angus Halden (instructed by Charles Lucas & Marshall, Swindon) for the employer.
Judgment Dates: 29 January 2002


Employment tribunal - Practice - Application for extension of time - Exercise of discretion - Employee issuing proceedings for unfair dismissal - Employer failing to respond to originating application - Employer applying for extension of time - Tribunal finding possible successful claim by employee not disastrous for employer's large organisation - Tribunal exercising discretion and refusing application - Whether tribunal in error.

The Case

In considering whether to grant an application for an extension of time, an employment tribunal had to exercise a discretion, which involved taking into account all relevant factors, which included considering whether prejudice would be suffered by the applicant for an extension of time if the extension was refused, and what prejudice would the other party suffer if the extension was granted. In the instant case, the tribunal had been entitled to consider the financial consequences to the employer of being disabled from defending a claim long out of time as part of a fair and proper balancing exercise extending to the issue of prejudice between the parties.

Practice Areas

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