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01 May 2008
Issue: 7319 / Categories: Case law , Law digest
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Employment Law

Ashcroft v Haberdashers’ Aske’s Boys’ School [2008] IRLR 375 (EAT)

The claimant was informed of the unsuccessful outcome of his internal appeal against dismissal some six hours before the three-month time time-limit for presenting a claim to the tribunal (under s 111 of the Employment Rights act 1996) expired.

Since there was no appeal pending when the time limit expired, reg 15(2) of the Employment Act 2002 (Dispute Resolution) Regulations 2004 (SI 2004/ 752) (which provides for an automatic three-month extension of the time limit where a statutory procedure is being followed when the time limit expires) did not apply.

HELD The effect of the 2004 Regulations is to encourage the employee not to bring proceedings pending the outcome of an internal appeal. Regulation 15(2) is predicated upon the assumption that there will not be an application to the employment tribunal prior to the expiry of the appeal period, and so overtakes the position established by Palmer v Southend-on-Sea Borough Council [1984] IRLR 119.

The tribunal should therefore have found that it was not reasonably practicable for the claimant to have presented his claim (the case was remitted for the tribunal to consider whether the claim had been submitted within a reasonable period thereafter).

Issue: 7319 / Categories: Case law , Law digest
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MOVERS & SHAKERS

Cripps—Radius Law

Cripps—Radius Law

Commercial and technology practice boosted by team hire

Switalskis—Grimsby

Switalskis—Grimsby

Firm expands with new Grimsby office to serve North East Lincolnshire

Slater Heelis—Will Newman & Lucy Spilsbury

Slater Heelis—Will Newman & Lucy Spilsbury

Property team boosted by two solicitor appointments

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