Employment Law Time Limits for Bringing Employment Tribunal Claims
Below is a MRR and PLR article in category Reference Education -> subcategory Legal.
Employment Law: Time Limits for Employment Tribunal Claims
Overview
In the 2005 case of Chouafi v London United Busways Ltd, a bus driver challenged his dismissal, claiming unfair dismissal and disability discrimination. Diagnosed with severe depression in October 2003, he was on leave until February 2004 but was dismissed in January 2004 due to his condition.
Key Details
Legal Framework
Under the Employment Rights Act 1996, complaints of unfair dismissal must be filed with the tribunal within three months from the termination date. This period can be extended only if it's deemed not reasonably practicable to file sooner. Similar rules apply to disability discrimination claims under the Disability Discrimination Act 1995.
Tribunal Findings
- The unfair dismissal claim exceeded the three-month limit determined by the Employment Rights Act.
- The disability discrimination claim also missed the three-month timeframe as outlined in the Disability Discrimination Act.
- Consequently, the tribunal lacked jurisdiction to hear the claims.
Appeal Decision
The claimant appealed to the Employment Appeal Tribunal (EAT), which held:
- Decisions on time extensions depend significantly on the facts and evidence presented.
- The burden of proof is on the claimant to show it was impractical to meet the deadline.
- Without meeting this burden, claims are likely to fail.
- The claimant did not attend the hearing or provide further evidence regarding his mental health.
- The tribunal's original decision was upheld as the claimant failed to justify the delay.
The appeal was dismissed.
Contact Information
For more details, reach out to:
Email: enquiries@rtcoopers.com
Note: This summary is not a comprehensive legal statement and does not constitute legal advice. Seek specialized legal counsel for specific situations.
RT COOPERS, 2005
You can find the original non-AI version of this article here: Employment Law Time Limits for Bringing Employment Tribunal Claims.
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