The Royal Bank of Scotland Plc v. Theobald [2007] UKEAT 0444_06_1001 (10 January 2007)

The Royal Bank of Scotland Plc v. Theobald [2007] UKEAT 0444_06_1001 (10 January 2007)

It would have been reasonably practicable for the Claimant to present his claim within the statutory three month period; the tribunal erred in law by failing to address practicability in the final days and by not providing adequate reasons for finding the claim was presented within a reasonable time thereafter.

Citation
[2007] UKEAT 0444_06_1001
Parties
Appellant (respondent): Mr T Hadden; Respondents' Advocate Before Tribunal: Miss N Halliday; Claimant's Lay Representative Before Tribunal: Mr S Clark; Respondent (claimant): Claimant
Jurisdiction
United Kingdom
Judgment Date
10 January 2007
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Pre Hearing Review
Outcome
Appeal allowed; claim dismissed.
Legal Topics
Unfair Dismissal, Time Limits for Tribunal Claims, Reasonable Practicability, Extension of Time
Employment Law Unfair Dismissal Time Limits for Tribunal Claims Reasonable Practicability Extension of Time

Case Brief

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Parties

Mr T Hadden

Appellant (respondent)

Miss N Halliday

Respondents' Advocate Before Tribunal

Mr S Clark

Claimant's Lay Representative Before Tribunal

Claimant

Respondent (claimant)

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Pre Hearing Review

Legal Issues

  1. 1 Whether claim for unfair dismissal was presented within statutory time limit
  2. 2 Whether it was reasonably practicable for the claim to be presented within three months
  3. 3 Whether claim was presented within a reasonable time thereafter

Ratio Decidendi

It would have been reasonably practicable for the Claimant to present his claim within the statutory three month period; the tribunal erred in law by failing to address practicability in the final days and by not providing adequate reasons for finding the claim was presented within a reasonable time thereafter.

Court Disposition

Appeal allowed; claim dismissed.

Orders

  • Claim for unfair dismissal dismissed.