Leslie Millin succeeds at the EAT on Jurisdictional/Time point regarding reasonable practicability

Published: 12/03/2024 | News

Leslie Millin of Farrar’s Building was recently instructed to represent the Claimant at the Employment Appeal Tribunal, in relation to a claim of unfair dismissal.

The Claimant was a litigant in person and was advised by ACAS during a telephone conversation that she should await the outcome of her grievance before commencing employment tribunal proceedings. The Claimant genuinely believed this advice from an ACAS officer. In fact, when the Claimant received the delayed grievance response, the conciliation certificate had expired and she was out of time to present a tribunal claim of unfair dismissal.

The Employment Appeal Tribunal found that the Employment Judge had erred in his consideration of whether the Claimant’s mistaken belief was reasonable and the Judge’s determination of whether it was reasonably practicable for the Claimant to have brought her Tribunal claim in time for the purposes of section 111(2) Employment Rights Act 1996 was set aside and remitted to a different Tribunal for consideration. A copy of the full judgment can be read here.

The comments of Cavanagh J in Cygnet Behavioural Health Limited v Britton [2022] EAT 108 were considered but the EAT held that these do not change the principles of interpretation of section 111(2) Employment Rights Act 1996.