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01 May 2008
Issue: 7319 / Categories: Case law , Law digest
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Employment Law

Ashcroft v Haberdashers’ Aske’s Boys’ School [2008] IRLR 375 (EAT)

The claimant was informed of the unsuccessful outcome of his internal appeal against dismissal some six hours before the three-month time time-limit for presenting a claim to the tribunal (under s 111 of the Employment Rights act 1996) expired.

Since there was no appeal pending when the time limit expired, reg 15(2) of the Employment Act 2002 (Dispute Resolution) Regulations 2004 (SI 2004/ 752) (which provides for an automatic three-month extension of the time limit where a statutory procedure is being followed when the time limit expires) did not apply.

HELD The effect of the 2004 Regulations is to encourage the employee not to bring proceedings pending the outcome of an internal appeal. Regulation 15(2) is predicated upon the assumption that there will not be an application to the employment tribunal prior to the expiry of the appeal period, and so overtakes the position established by Palmer v Southend-on-Sea Borough Council [1984] IRLR 119.

The tribunal should therefore have found that it was not reasonably practicable for the claimant to have presented his claim (the case was remitted for the tribunal to consider whether the claim had been submitted within a reasonable period thereafter).

Issue: 7319 / Categories: Case law , Law digest
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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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