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Owolowo v Family Mosaic Housing Association - Automatic extension of time under (now revoked) 2004 grievance procedure rules [2010] EAT

The test for whether an employee is allowed an automatic extension of time under Regulation 15(2) of the (now defunct) Employment Act 2002 (Dispute Resolution) Regulations 2004 is not objective but subjective. The Tribunal should grant an extension of time where the employee honestly and reasonably believed that an internal process dealing with some or all of the Tribunal complaint remained ongoing at the end of the primary limitation period.

Mr Owolowo was dismissed from his employment by the Family Mosaic Housing Association on 25 February 2009. He did not take up his employer's offer of an appeal, but contacted an organisation called Tribunal Action (which he erroneously believed was part of the Tribunals Service). This led to a solicitor writing to his former employer on 21 May 2009 challenging the reasonableness of the decision to dismiss, requesting compensation and reinstatement and urging the employer to respond within 28 days. The Housing Asociation did not respond to this letter and Mr Owolowo lodged a claim with the Employment Tribunal on June 25th.

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