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
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