DHL Supply Chain Ltd v Fazackerley [2018] UKEAT 0019_18_1004 (10 April 2018)

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

  1. 1 Whether it was reasonably practicable for the claimant to present claims within the statutory time limit
  2. 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