Source: All England Reporter
Publisher Citation: [2010] All ER (D) 35 (Sep)
Court: Employment Appeal Tribunal

Underhill J

Representation Richard O'Dair (instructed by DFA Law LLP) for the employee.
  Christopher Jacobs (instructed by Northamptonshire County Council Legal Services) for the employer.
Judgment Dates: 25 May 2010


Employment - Dismissal - Unfair dismissal - Time limit - Employer wrongly informing employee he had three months in which to present unfair dismissal claim when he had six weeks - Employee consulting solicitors who negligently failed to notice error - Employee presenting claim two weeks out of time - Employment tribunal holding not reasonably practicable to present claim in time - Whether tribunal erring - .

The Case

Employment Dismissal. The Employment Appeal Tribunal allowed the employer's appeal holding that it was reasonably practicable for the employee to present a claim in time because if his solicitor has given him advice of the kind he should reasonably have been given the employer's mistake would have had no effect.

Practice Areas

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