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29 September 2011
Issue: 7483 / Categories: Case law , Law digest , In Court
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Employment

Jones v Thornton UKEAT/0068/11/SM, [2011] All ER (D) 122 (Sep)

It was established law that when reviewing the rejection of a late-lodged ET3, the tribunal was entitled to exercise a broad discretion in the interests of justice; restrictive rules were not to be applied. The respondent’s explanation for his failure to lodge a response in time would always be relevant. If the delay was the result of a genuine misunderstanding or an accidental or understandable oversight, the tribunal might be much more willing to allow the late lodging of a response.

The length of the delay was also a relevant factor. Further, it was necessary to consider the prejudice to the parties if the extension was either granted or not granted. In that context, the merits of the respondent’s defence would always in principle be relevant, because it was obviously a serious matter for a respondent to be held liable, owing to a procedural default, for a wrong that he might not have in fact committed.
 

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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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