.: Employment Law: Time Limits for Bringing Employment Tribunal Claims
In the case of Chouafi v London United Busways Ltd [2005], the claimant was employed as a bus driver by the defendant company. In October 2003, he was diagnosed with severe depression and was signed off work until February 2004. He was dismissed in January 2004 on the grounds of his medical condition and complained to the employment tribunal of unfair dismissal and disability discrimination.
The Employment Rights Act 1996 provides that an employment tribunal shall not consider a complaint for unfair dismissal unless it is presented to the tribunal within three months of the effective date of termination of employment.
However this three-month limitation period may be extended if the tribunal considers that in the relevant case, it was not reasonably practicable for the complaint to be presented within the three months.
There are similar provisions under the Disability Discrimination Act 1995.
The tribunal decided that:-
The complaint of unfair dismissal had not been presented within the three-month time limit, pursuant to s 111 of the Employment Rights Act 1996;
The complaint of disability discrimination had not been presented within the three-month time limit, pursuant to the para 3 Schedule 3 of the Disability Discrimination Act 1995; and
Accordingly, the tribunal did not have jurisdiction to hear the claims.
The employee appealed to the Employment Appeal Tribunal ("EAT") against the decision. The EAT held that:-
Decisions on whether or not a claim would be admitted out of time, for unfair dismissal or disability discrimination, were essentially questions of facts on which the tribunal should decide based upon the evidence submitted by the parties;
The onus of proof was on the claimant to show it was not reasonably practicable to bring an action within the three-month time limit;
If the claimant failed to discharge that burden of proof, his/her case would inevitably fail;
In this case, the claimant failed to attend the hearing and provide more evidence about his mental health; and
The Tribunal was right in concluding that the employee had failed to provide an adequate explanation for filing his claim outside the time limit ; and
The tribunal's decision would be upheld.
The claimant's appeal was therefore dismissed.
If you require further information contact us.
Email: enquiries@rtcoopers.com
© RT COOPERS, 2005. This Briefing Note does not provide a comprehensive or complete statement of the law relating to the issues discussed nor does it constitute legal advice. It is intended only to highlight general issues. Specialist legal advice should always be sought in relation to particular circumstances.
Article keywords: Solicitors in London, Employment Lawyers, Employment Solicitors, unfair dismissal, discrimination, employment lawyers, employment law advice made redundant, suspended legal advice, bullied at work
Article Source: http://www.articles32.com
RT Coopers Solicitors, solicitors, solicitor, EMPLOYMENT LAWYER, redundancy, redundancy law, legal advice, law, legal, lawyers, LAWYER, employment law, employment lawyers, employment law advice, employment solicitors, employment tribunal, employers, employees, Sex Discrimination, Discrimination Claims, Unfavourable treatment, race discrimination, racial discrimination, Unfair Dismissals, law firm, FIRM, Sex discrimination, data protection, Sexual harassment, maternity rights, Maternity and Paternity Disputes, Outsourcing Contracts, Senior Executive Appointments and Service Agreements, Suspensions, Tribunal Claims, bringing a claim to the employment tribunal, TUPE Transfers, Redundancy, Breach of Contract Disputes, Employment Contracts, Staff Handbooks, Wrongful dismissals, Contract Drafting, Contract Dispute, Equal Pay, Right to Equal pay, contracts, Contract Disputes. lease contact us for more information: enquiries@rtcoopers.com or visit our website at www.rtcoopers.com/practice_employment.php
.: New Legal Articles
1). Who Can Make An Accessibility Claim Under the ADA
Who Can Make a claim under the ADA for lack of accessibility to a public business or facility.
2). A Loophole in Landlord Tenant Law in California
Basic housing standards required for residential property and a the loop hole that allows landlords to legally harass tenants.
3). Asbestos Settlements Help Victims Breathe Easier
The term asbestos settlement is used to describe all legal settlements reached where asbestos exposure has caused serious medical problems for an individual who worked in an environment now known to cause several types of 100% fatal cancers.
4). Choosing the Right Mesothelioma Lawyer Means Everything
Recently, have you or a loved one been diagnosed with Mesothelioma?
5). Mesothelioma And Getting Legal Representation
Filing a Mesothelioma lawsuit can be a long and arduous road.
6). Mesothelioma Lawyers In High Demand
Mesothelioma is a rare, deadly cancer that strikes nearly 3,000 people in the United States every year.
7). What Constitutes Nursing Home Neglect - Help for Nursing Home Abuse Victims
In America today, we have placed nearly 2 million elderly family members under the direct care of a nursing home.
.: Top Legal Articles
1). What does it take to be a Lawyer?
When you see all these handsome Lawyers in TV series like LA Law, sitting in their fancy offices, driving these flashy cars, have you ever realized what they have been through in terms of time, years of education, money, Certifications etc’.
Let me Describe to you the Lawyers course of training. Formal educational requirements for lawyers include a 4-year college degree, 3 years in law school, and the passing of a written bar examination.
2). Crime Never Pays
Crime is a bad thing. And the previous sentence was an understatement, and an inaccurate description of the concept of Crime.
3). The New Bankruptcy “Means Test” Explained in Plain English
With the new bankruptcy law in effect as of October 17, 2005, there is a lot of confusion regarding the new "means test" requirement. The means test will be used by the courts to determine eligibility for Chapter 7 or Chapter 13 bankruptcy. The purpose of this article is to explain in plain language how the means test works, so that consumers can get a better idea of how they will be affected under the new rules.
4). Estate Planning - No Contest Clause in your Will
Copyright 2006 Ronald Hudkins
There is value in the story of an older client who had seen a very interesting clause employed in a will. There was a great deal of money at stake and the many family members had little reason to love each other, because they had never met and never knew of each other’s existence. It was expected that the will would be heavily contested on several different fronts in every conceivable way.
5). DUI Law Punishments
It’s no surprise that current DUI Law mandates that DUI punishments cause problems in your personal life in the short term. With punishments such as t
6). Employment Law - Unfair Dismissal - Constructive Dismissal
The case of Thornley v Land Securities Trillium Ltd [2005] concerned a claim for unfair and constructive dismissal by an employee who alleged that her employer imposed a new job description on her and she contended that her contract of employment was fundamentally breached by such changes to her duties imposed by her employer. The Tribunal upheld this claim.
7). Employment Law - Excessive Working Hours - Breach of Duty of Care
n the case of Mark Hone v Six Continents Retail Limited (2005), a pub landlord having collapsed due to overwork successfully sued his former employers in the County Court for breach of duty of care.
Mr Hone, the claimant, started working for Bass (now Six Continents) as a pub manager in 1995 and in 1998 was awarded "Pub Manager of the Year". However, in 1999 he started working at The Old Moat House where he found himself working 13 hour days.