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Mockett v Credit Suisse Securities (Europe) Ltd - Extension of time under the now defunct statutory dispute procedures [2009] EAT

It is overly pedantic to draw a distinction between a grievance procedure and a complaint about dismissal in considering whether an employee who claims unfair dismissal can take the benefit of the exension of time provisions under the now defunct statutory dispute procedures.

Reg 15 of the Employment Act 2002 (Dispute Resolution) Regulations 2004 SI 2004/752 (the now defunct statutory dispute procedures) provides for a three month extension to the initial three month time limit for claims of unfair dismissal where the employee reasonably believes that, when the time limit expired, a dismissal or disciplinary process was still underway. That was the focus of this case which, in the EAT, came before HHJ McMullen - a judge who, by his own assessment at paragraph 19, appears to have developed "a niche market in this field".

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