Appeal outstanding - what to not do!
by Philip
The Claimant sought advice from the CAB about his claim for Unfair Dismissal and was told to await the outcome of an appeal before submitting his Claim. The three month time limit expired on 10th February 2006. The appeal outcome was received on 9th February 2006 but no claim was presented until 23rd February 2006. The Tribunal allowed the Claim on the basis that it is was not reasonably practicable for the Claim to be presented in time and that it was presented within a reasonable period thereafter. The EAT overturned the decision and dismissed the claim as the Claimant had failed to provide an adequate explanation as to why the claim was not presented on 9/10 February 2006. This case highlights the importance of making sure appeal outcomes are not too close to the limitation deadline so that if it is missed by the Claimant the delay is difficult to explain!
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