DHL Supply Chain Ltd v Fazackerley [2018] UKEAT 0019_18_1004 (10 April 2018)
The Employment Judge was entitled to find that it was not reasonably practicable for the claimant to present his claim within the statutory time limit due to erroneous advice from ACAS and lack of knowledge of the time limit; the claimant acted promptly after learning the outcome of the appeal.
- Citation
- [2018] UKEAT 0019_18_1004
- Parties
- Advocate for Respondent: Mr Tom Gillie; Advocate for Claimant: Ms Marta Wisniewska
- Jurisdiction
- United Kingdom
- Judgment Date
- 10 April 2018
- Procedural Posture
- Employment Appeal Tribunal / Appeal Against ET Decision on Extension of Time
- Outcome
- Appeal dismissed
- Legal Topics
- Extension of Time, Reasonably Practicable, Just and Equitable, Unfair Dismissal, Wrongful Dismissal
Case Brief
Summary, issues, holding and outcome
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Parties
Mr Tom Gillie
Advocate for Respondent
Ms Marta Wisniewska
Advocate for Claimant
Procedural Posture
Employment Appeal Tribunal / Appeal Against ET Decision on Extension of Time
Legal Issues
- 1 Whether it was reasonably practicable for the claimant to present claims within the statutory time limit
- 2 Whether erroneous advice from ACAS justified extension of time
Ratio Decidendi
The Employment Judge was entitled to find that it was not reasonably practicable for the claimant to present his claim within the statutory time limit due to erroneous advice from ACAS and lack of knowledge of the time limit; the claimant acted promptly after learning the outcome of the appeal.
Court Disposition
Appeal dismissed
Orders
- Claims of unfair dismissal and breach of contract to proceed to full hearing on merits
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