Beasley v National Grid

Beasley v National Grid

The court found the applicant had an arguable case that the Tribunal Chair failed to provide adequate reasons and did not fully consider reasonable practicability for the late submission. The application for permission to appeal was adjourned to the full court for further consideration.

Parties
Applicant/appellant: John Russell Beasley; Respondent: National Grid
Jurisdiction
England and Wales
Judgment Date
11 February 2008
Procedural Posture
Employment Appeal / Application for Permission to Appeal (adjourned to Full Court)
Outcome
Application for permission to appeal adjourned to full court; appeal to follow if permission granted
Legal Topics
Unfair Dismissal, Jurisdiction, Time Limits, Reasonable Practicability, Access to Justice
Employment Law Unfair Dismissal Jurisdiction Time Limits Reasonable Practicability Access to Justice

Case Brief

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Parties

John Russell Beasley

Applicant/appellant

National Grid

Respondent

Procedural Posture

Employment Appeal / Application for Permission to Appeal (adjourned to Full Court)

Legal Issues

  1. 1 Whether the Employment Tribunal erred in law by dismissing the unfair dismissal claim as out of time when the ET1 was submitted 88 seconds late
  2. 2 Whether the Tribunal Chair failed to provide Meek-compliant reasons and consider all relevant factors, including reasonable practicability

Ratio Decidendi

The court found the applicant had an arguable case that the Tribunal Chair failed to provide adequate reasons and did not fully consider reasonable practicability for the late submission. The application for permission to appeal was adjourned to the full court for further consideration.

Court Disposition

Application for permission to appeal adjourned to full court; appeal to follow if permission granted

Orders

  • Three-hour hearing allocated before a three-judge court, at least two with EAT experience
  • Applicant warned of potential costs liability if appeal fails