Articles & News About Jobs & Employment

Employment Law: Time Limits for Bringing Employment Tribunal Claims

In the case of Chouafi v London United Busways Ltd [2005], the claimant was employed as a bus driver by the defendant company. In October 2003, he was diagnosed with severe depression and was signed off work until February 2004. He was dismissed in January 2004 on the grounds of his medical condition and complained to the employment tribunal of unfair dismissal and disability discrimination.

The Employment Rights Act 1996 provides that an employment tribunal shall not consider a complaint for unfair dismissal unless it is presented to the tribunal within three months of the effective date of termination of employment. However this three-month limitation period may be extended if the tribunal considers that in the relevant case, it was not reasonably practicable for the complaint to be presented within the three months. There are similar provisions under the Disability Discrimination Act 1995.

The tribunal decided that:-

The complaint of unfair dismissal had not been presented within the three-month time limit, pursuant to s 111 of the Employment Rights Act 1996;

The complaint of disability discrimination had not been presented within the three-month time limit, pursuant to the para 3 Schedule 3 of the Disability Discrimination Act 1995; and Accordingly, the tribunal did not have jurisdiction to hear the claims. The employee appealed to the Employment Appeal Tribunal ("EAT") against the decision. The EAT held that:-

Decisions on whether or not a claim would be admitted out of time, for unfair dismissal or disability discrimination, were essentially questions of facts on which the tribunal should decide based upon the evidence submitted by the parties;

The onus of proof was on the claimant to show it was not reasonably practicable to bring an action within the three-month time limit;

If the claimant failed to discharge that burden of proof, his/her case would inevitably fail;

In this case, the claimant failed to attend the hearing and provide more evidence about his mental health; and The Tribunal was right in concluding that the employee had failed to provide an adequate explanation for filing his claim outside the time limit; and

The tribunal's decision would be upheld.

The claimant's appeal was therefore dismissed.

If you require further information contact us.

Email: enquiries@rtcoopers.com

© RT COOPERS, 2005. This Briefing Note does not provide a comprehensive or complete statement of the law relating to the issues discussed nor does it constitute legal advice. It is intended only to highlight general issues. Specialist legal advice should always be sought in relation to particular circumstances.

Rosanna Cooper is a partner in RT Coopers Solicitors a full service law firm in London. The firm specialises in employment law including advising employers and employees on redundancies, dismissals, discrimination, grievance and disciplinary procedures, suspensions and breach of contract claim. The firm represents clients before the employment tribunal.

Contact us at enquiries@rtcoopers.com. visit our website at http://www.rtcoopers.com

Other Article Sites

findabook.com  moneycd.info  a-mortgage.info   about-lemon-laws.info  aboutstudentloans.info
all-about-publishing.info  auctions-articles.info  bestcollege-university.com  bestispconnection.com
biblefolder.com  blogger-website.com  books-used.info  brokers-guide.info  buywindows.info  cable-dsl.info
career-miner.com  carpel-tunnel.info  cashinaflash.info  cashloanreviews.info  casinobell.com  chat-house.info
clearmycredit.info  collegeloantips.info  crones.info  depression-articles.info   dirnic.net  dishguides.info
divers-below.com  expodog.info   financewizz.com  fire-insurance.info  getgood.info  handleit.net   it-idea.info
health-supplies.info  hosting-right.com  insidealert.com  insurance-facts.info  jobs-employment.info
justgood.info  lookgold.net   lowcost-travel.info  money-source.info  myhostzone.info  numisblog.com
peoplesearchfinder.info  pr-articles.info  realeas.com   refinancing-guides.info  spyware-remove.info
telelot.info  the-law.info   toppaid.info  travel-deals.info  travelcorrect.com  wedding-guide-site.com
your-blog.info  your-credit.info

7 Benefits of Owning a Computer Work at Home Job
Computer work at home jobs are growing in numbers Some cost very little to start-up and others are completely free to start

4 Legit Work From Home Jobs That Work
Everybody is turning to the internet to work from home and hopefully leave their day job. This means that finding legit work from jobs has become more popular than ever and you can understand why when hundreds of people weekly are quitting their day job and are working out of the comfort of their home.

Work at Home Data Entry Jobs Career Are Available Now
Work at home data entry jobs career allow you the freedom to spend more time with your family It is perfect employment for someone who is looking for a job they can control themselves

Being A Work At Home Business Opportunity Seeker And Finding Work From Home Jobs
The problem with work from home jobs is simply that so many people want to have them Because of this, there are lots of people who want to take advantage of people who truly want to be able to have the freedom of a home business

Work at Home Jobs Vs Self Employment
Work at Home Jobs vs Owning a Home Based BusinessNot everyone is interested in owning their own home business, but a lot of people are interested in dropping out of the rat race a little bit. More and more jobs are available where you can work from home.

Work at Home Businesses Versus Work at Home Jobs
Is a work at home business better than a work at home job? You bet. Hands down. But each option has pros and cons. It may be that for right now you're just not ready to start a work at home business. Its a big committment. That's OK. But if you're dedicated, smart and willing to work harder than most, settling for a work at home job could be selling yourself short.

Work From Home Jobs For Moms - Jobs You Can Do at Home
A Legitimate Work from home job is a desire that many moms have, and being able to generate a great income while working from home is very possible I created this work from home jobs for moms lens to give you information about legitimate work from home jobs for moms, and for anyone looking to make part time to full time income

Home Computer Work - 3 Ideas For Home Computer Work Jobs
Surely, many people out there have told you about the wonders of working from home and being your own boss Well, not only are you able to save on transportation costs and have more time to spend with your family, you are also able to do whatever you like, whenever you feel like it

Finding that Work at Home Job - A Job in Itself
The trend of corporate America creating work at home jobs for telecommuters is growing, which is good news for those of you who are looking to do your work in your pajamas every day. Technology has made the work at home job more appealing to both bosses and employees, though it does not mean the trend has hit the mainstream, so a work at home job can still be hard to find.

Legitimate Work From Home Jobs - 4 Important Things to Consider Before Starting This Career Path
When you are selecting legitimate work from home jobs career, money is important, but there are some other factors that should be considered before making the final decision Before beginning even legitimate work from home jobs career, you should think about some of the factors that will help to make your venture succeed or fail

At Home Work - Find Your Next Work At Home Job
At home work is easy to find these days thanks to the internet Work from home jobs are a form of self employment, which is hitting today's society in huge numbers

Work From Home - How To Prepare For A Work From Home Job
Surely, you must have already heard about the perks of working from home Not only do you get the opportunity of being with your loved ones, but also the chance of earning good money doing what you like

Work at Home Data Entry Jobs, Work at Home, Data Entry Jobs
37 Work at Home Data Entry Jobs - The New Age Career Move

Legitimate Work At Home Jobs - Become Wealthy Working From Home
It all started when I was franticly going from company to company passing out my resume, needing a job so bad it hurt I had a college degree but could not get hired no matter what for the life of me