Statutory Dismissal Procedure in the EAT AGAIN!
by Liam
Once again the litigation reducing Statutory Dismissal Procedure has starred in the EAT.
In Wolverhampton University v Dr I Elbeltagi the EAT was asked to consider whether a claim that was presented two days outside the normal three month limitation period was out of time.
The Employment Act 2002 (Dispute Resolution) Regulations 2004 provide for a time extension of a further three months where the Statutory Dismissal procedure (including the outcome of any appeal) had not been completed at the expiry of the normal three month time limit.
In Elbeltagi the Claimant was sent notification of the outcome of his appeal three days before the expiry of the normal limitation period. Under the Dispute Resolution Regulations the time extension therefore did not apply.
The Tribunal failed to consider whether it was reasonably practicable for the Claimant to present his complaint in those three days. It would only be if it was not reasonably practicable for the claim to be presented within these three days that the Claimant’s claim could be allowed to proceed. The EAT remitted the matter to the Tribunal to consider this point.
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