Time Limits for Unfair Dismissal Claims
by Liam
It is a well known fact that the time limit for an unfair dismissal claim is three months from the Effective Date of Termination (EDT).
The Tribunal does have a discretion to extend the time limit in cases where it was not reasonably practicable to present a complaint within the usual three month period.
In London Borough of Islington v Brown the EAT upheld an employer’s appeal against a decision that the Claimant could bring her claim almost 18 months late because she was suffering from depression and because she thought her union had done it.
Case law is clear that a failure by a union or solicitor acting on behalf of a Claimant is to be attributed to the Claimant herself. There was no adequate reason for the union’s failure to present the complaint on time. Two union officials each thought the other had done it. Accordingly the EAT held her complaint was out of time (whether the Claimant has a cause of action against her union in negligence is another matter).
Similar Posts:
