Wednesday, 7 July 2010

Employment - More Time Limit Case Law - Will it Ever Stop?

What happens when an employee listens to his employer when he is wrongly told that he had 3 months in which to present an unfair dismissal claim when he only had 6 weeks? I know what you are thinking - would you honestly believe anyone you are about to bring an unfair dismissal against - no is the obvious answer, but some do...

Northamptonshire County Council (Appellant) v Mr D Entwhistle UKEAT/0540/09/ZT

The crucial element in the latest case to come off the conveyor belt is that the Claimant contacted a solicitor, who negligently failed to notice the error. The Claim was subsequently submitted 2 weeks out of time.

It was held allowing the appeal, that it was reasonably practicable for Claimant to present claim in time because if his solicitor had given him advice of the kind he should reasonably have been given the employer’s mistake would have had no effect.

Although widely reported this case does not vary from the general rule seen in Dedman as explained by, Lord Denning MR said: “Ignorance of his rights – or ignorance of the time limit – is not just cause or excuse, unless it appears that he or his advisers could not reasonably have been expected to have been aware of them. If he or his advisers could reasonably have been so expected, it was his or their fault, and they must take the consequences .

Dedman [1974] ICR 53

5 comments:

dawsonfelicia張君dawsonfelicia均 said...

Hello~安安唷~很高興見到你哦!!............................................................

竹青 said...

一個人的快樂,不是因為他擁有的多,而是他計較的少。..................................................

吳婷婷 said...

No one knows the weight of anothers burden. ............................................................

趙筱婷terrifields汪華昕 said...

我真心在追求我的夢想時,每一天都是繽紛的。因為我知道每一個小時都是實現理想 的一部份。..................................................

姿柯瑩柯dgdd憶曾g智曾 said...

一棵樹除非在春天開了花,否則難望在秋天結果。..................................................