The full text judgment in this case is available free of charge on the BAILII website.
Representation:-
Mr Daniel Matovu instructed by Towergate Underwriting Group for the Appellant
Mr Andrew Short instructed by Messrs Rowley Ashworth for Mrs Harris
Authority for the proposition that:-
the automatic extension of time from 3 to 6 months for lodging an unfair dismissal claim when attempts to settle the matter "out of court" using the statutory procedures are still in progress operates if the claimant reasonably believes that a dismissal or disciplinary procedure of some kind was being followed and it is irrelevant whether or not this is technically (in lawyer-speak) a "grievance" or an "appeal".
Editor's Notes:
- the three month extension of time noted above is provided for by Employment Act 2002 (Dispute Resolution) Regulations 2004 SI 2004/752 reg 15. Although the claim in this case was for unfair dismissal the automatic extension of time allowed for by the 2004 regulations is not limited to unfair dismissal cases.
- the Employment Act 2002 (Dispute Resolution) Regulations 2004 SI 2004/752 reg 15 were subsequently revoked and, save in transtional cases, do not apply after 6th April 2009 (see Disciplinary and Grievance Procedures - 2009 changes/a general note ).
For relevant general notes see Disciplinary procedures/time-limits
FINISH>
prepared May 2008