header-logo header-logo

Employment

29 September 2011
Issue: 7483 / Categories: Case law , Law digest , In Court
printer mail-detail

Jones v Thornton UKEAT/0068/11/SM, [2011] All ER (D) 122 (Sep)

It was established law that when reviewing the rejection of a late-lodged ET3, the tribunal was entitled to exercise a broad discretion in the interests of justice; restrictive rules were not to be applied. The respondent’s explanation for his failure to lodge a response in time would always be relevant. If the delay was the result of a genuine misunderstanding or an accidental or understandable oversight, the tribunal might be much more willing to allow the late lodging of a response.

The length of the delay was also a relevant factor. Further, it was necessary to consider the prejudice to the parties if the extension was either granted or not granted. In that context, the merits of the respondent’s defence would always in principle be relevant, because it was obviously a serious matter for a respondent to be held liable, owing to a procedural default, for a wrong that he might not have in fact committed.
 

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
A Competition Appeal Tribunal (CAT) ruling has reopened debate on the availability of ‘user damages’ in competition claims. Writing in NLJ this week, Edward Nyman of Hausfeld explains how the CAT allowed Dr Liza Lovdahl Gormsen’s alternative damages case against Meta to proceed, rejecting arguments that such damages are barred in competition law
back-to-top-scroll