Source: All England Reporter
Publisher Citation: [2006] All ER (D) 370 (Oct)
Court: Employment Appeal Tribunal, Scotland

Lady Smith

Representation William McMichael, solicitor, (of Muir, Myles, Laverty) for the employee.
  The employer appeared by its representative.
Judgment Dates: 13 September 2006


Employment tribunal - Procedure - Complaint of unfair dismissal - Presentation of complaint to tribunal - Time limit for presentation of complaint - Employee attempting to bring complaint out of time - Whether employee entitled to benefit of three month extension of time limits - Whether employee engaging in disciplinary procedure - (Dispute Resolution) Regulations 2004, , reg 15.

The Case

In the instant case, the employee had unsuccessfully attempted to bring unfair dismissal proceedings out of time. On the employee's appeal, it was held that the tribunal had been right to dismiss his claim without having had reference to the provisions of reg15(2) of the (Dispute Resolution) Regulations on the basis that he had not been engaged in a disciplinary procedure at the relevant time, his avenues of internal appeal having been exhausted. Accordingly, the appeal was dismissed.

Practice Areas

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