PFS Security Ltd v Smith - new point out of time - Court of Appeal 19.5.06
Mr Smith was dismissed by PFS Security Ltd in February 2004. He won an unfair dismissal claim. PFS appealed on the basis that Mr Smith did not have the one year of continuous employment required as a pre-condition of unfair dismissal. PFS said that until 10th December 2003 Mr Smith had been an apprentice not an employee but only raised this point, for the first time, at the EAT. The EAT sent the case back for review by the tribunal. On review the tribunal found that Mr Smith had been an employee since 1991 and therefore the original decision stood.