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.
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