Employment Tribunal Limitation Periods - Extension of Time
by Liam
Under the Employment Act 2002 (Dispute Resolution) Regulations 2004, employees are entitled to an extension of time to present their Employment Tribunal complaint of Unfair Dismissal if they reasonably believe at the expiry of the normal three month limitation period that there is an outstanding appeal.
In 2006, the EAT held that if an appeal against dismissal was dismissed by an employer with between a day and a half and two days to go until the expiry of the three months, the employee was not entitled to the time extension (because at the time of the expiry of the normal limitation period, the appeal could not be reasonably believed to be outstanding).
The EAT has now handed down its Judgment in Royal Bank of Scotland v Bevan and has held that an employee is entitled to an extension of time where the employer confirms the outcome of an appeal against dismissal only 5 hours from the expiry of the three month limitation period. The reason for the time extension was that it was not reasonable practicable for the employee to present a complaint in the 5 hours before midnight and after close of business of most solicitors. This does not give a 3 month time extension (as would be the case if the appeal was ongoing at the end of the normal 3 month limitation period), but does allow a complaint to be presented as soon as reasonably pacticable, even after the normal limitation period has expired.
Employers that thought they could avoid claims by responding to an internal appeal immediately before the expiry of the three month limitation period, thus giving the employee insufficient time to present their complaint to the Tribunal, think again!
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