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Lothian Buses v Nelson - grievance procedure and extension of time for unfair dismissal claim [2005] EAT

Mr Nelson was one day out of time in lodging an unfair dismissal claim. However an employment tribunal allowed him to continue with his claim on the basis that time was automatically extended by the Employment Act 2002 ( Dispute Resolution) Regulations 2004 , reg.15 (which applies where a grievance procedure has not been concluded). The employer appealed. The EAT agreed with the employer that the automatic extension of time provided for by reg 15 where a grievance procedure is being followed does not apply in the context of an unfair dismissal claim.

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