Shaw v B&W Group Ltd - Extension of time limits for claims under now-discontinued statutory grievance procedures [2011] EAT

The time limit for presenting claims for breach of contract could be extended to 6 months under the now-discontinued statutory Grievance Procedures, but those procedures did not enable a Tribunal to extend the normal three-month time limit for an unfair dismissal claim.

Mr Shaw was employed as General Manager Procurement, Pacific Rim, by B&W Group Ltd on 8th January 2007. His three year contract provided that, if he were dismissed without due cause, he should be paid six months' salary. Mr Shaw claimed that, on 10th April 2008, he was told by B&W's Managing Director to resign immediately with three months' salary or be dismissed summarily with no pay. On 11th April 2008, Mr Shaw resigned. On 31st July 2008, he presented claims for unfair dismissal and breach of contract. The claims were both dismissed at a preliminary hearing on the basis that the Tribunal did not have jurisdiction to hear them since they were presented outside of the three month time limit.

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