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Employment law case update - Employment tribunal time limits

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In addition to our monthly Bulletins, we thought a summary of a recent case regarding employment tribunal time limits  may help keep you up to date with employment law developments.

Employment Tribunal Time Limits

The recent case of DHL Supply Chain Ltd v Fazackerly illustrates the attention that must be paid to employment tribunal time limits. In this case the limitation period for an unfair dismissal claim expired but the claim was allowed due to earlier advice from Acas

DHL Supply Chain Ltd v Fazackerly UKEAT/0019/18/JOJ

Acas advised the Claimant (who had been dismissed) that, before considering tribunal proceedings, he should first exhaust the internal appeal process. The limitation period for an unfair dismissal claim expired. The Employment Appeal Tribunal agreed with the tribunal’s decision that, although ignorance of limitation periods is not a defence to bringing a claim out of time, in this case the erroneous advice from Acas meant that it was “not reasonably practicable” for the claim to be brought in time. The claim was therefore allowed.

If you have any questions in relation to this article, please do not hesitate to contact the Employment team or contact Hannah Newbery on 0113 336 3311 or  at hannah.newbery@clarionsolicitors.com. You can follow the twitter account for regular case, legislation and guidance updates.

 

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