GFTU Emplaw Emplaw Emplaw

Nolan v Balfour Beatty Engineering Services - TU blacklisting and time limits for employment tribunal claims [2011] EAT

When a tribunal is satisfied that it was "not reasonably practicable" for a claimant to present his claim within the initial three month time limit applied to certain types of ET claims, it must then determine whether the claim was presented within such further period as was "reasonable". This is a question of fact for the tribunal to determine in the context of the claim, and, barring perversity, the taking into account of an irrelevant factor or the ignoring of a relevant one, the EAT will not interfere. 

Mr Nolan brought a claim in the employment tribunal, alleging that he had been unlawfully refused employment due to his trade union membership (TULR(C)A 1992 sec 137). In essence, his claim was that he had been refused two jobs, in September 2001 and June 2006, because his name was on a construction industry blacklist.

The full content of this page is available to subscribers only. Please purchase a subscription if you feel this content will be of use to you.

Login or subscribe (includes subscription information) to access the full content of this page.