Register | Login
CASECHECK CASECHECK
CaseCheck(tm) Case Reports

Below are our most recent case summaries of Scottish Courts case reports, Employment Appeal Tribunal Decisions, Employment Tribunal decisions and House of Lords decisions. Please use the links on the left to access the case reports case summaries by case type. The CaseChecktm Scottish Courts,  Employment Tribunal summaries and House of Lords summaries can also be searched using our case reports search facility. The case reports search facility is available to registered users.

**All information pertaining to the Scottish Courts Judgements remains the subject of crown copyright but may be reproduced without formal permission or charge for personal or in-house use.

Mr E Radakovits v Abbey National Plc UKEAT/0385/07 & UKEAT/0386/07
Location: Case TypesEmployment    
Posted by: Daniel Gorry 14/05/2008 11:56

Jurisdictional Points - Extension of time: reasonably practicable

The Employment Tribunal was correct to require satisfaction that it had jurisdiction. The Employment Tribunal did not err when it held that there were no grounds to hear the claim presented one day out of time.  A tactical decision was taken by the Claimant who knew there is a three month limit, and had been so advised by solicitors.  An error in calculating the three months did not mean it was not reasonably practicable to present the claim.

The period was not extended by three months under EADR Reg. 15 as the Employment Tribunal’s Judgment, that the Chairman did not reasonably believe a dismissal procedure was being followed, could not be upset.

Court: Employment Appeal Tribunal
Click on this link to access the full judgement.
 
CaseCheck Limited can be contacted at First Floor, George House, 36 North Hanover Street, Glasgow, G1 2AD, 0845 620 5664, info@casecheck.co.uk
CaseCheck(tm) is brought to you by CaseCheck Limited, Registered in Scotland No. SC325811.We take our job seriously and for this reason we respect your privacy, your data and the use you make of our site.   This work by CaseCheck is licensed under a Creative Commons Attribution-Noncommercial-Share Alike 2.5 UK: Scotland License Creative Commons License. Please take a moment to read our legal notices
Copyright 2008 by CaseCheck Limited.