EAT on 12th December 2005
NOTES
Metcalfe v Cygnet Health Care Ltd, EAT on 12th December 2005
The full text of this judgment is available free of charge on the EAT website.
Authority for the propositions that:-
- in ordinary language
if satisfied that a claim was posted by 1st class post not later than the Thursday, the Employment Tribunal can for time limit purposes deem it to have arrived on the immediately following Saturday even if in fact the Royal Mail failed to deliver it until the Monday;
- in technical language
the "exclusion of Sundays" part of the deemed posting rule set out by the Court of Appeal in Consignia plc v Sealy CA 2002 EWCA Civ 878 still applies in employment tribunals even though it was subsequently shown to have been based on erroneous reasoning so far as Court rules (ie the Civil Procedure Rules) are concerned. The 2-day period posting rule excludes Sundays but not Saturdays.
For relevant general notes go to Time-limits/basic general rules .
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prepared Dec2005