Pora v Cape Industrial Services Ltd (Extension of time : reasonably practicable) [2019] UKEAT 0253_18_1902 (19 February 2019)

Pora v Cape Industrial Services Ltd (Extension of time : reasonably practicable) [2019] UKEAT 0253_18_1902 (19 February 2019)

It was reasonably practicable for the Claimant to present his unfair dismissal claim in time because he knew he had a claim, sought advice from appropriate experts within time, and authorised solicitors to act for him. The solicitor's fault does not make it not reasonably practicable for the Claimant to present his claim in time. Therefore, the Employment Tribunal had no jurisdiction to consider the unfair dismissal complaint.

Citation
[2019] UKEAT 0253_18_1902
Parties
Appellant/claimant: Mr Pora; Respondent/employer: Cape Industrial Services Ltd
Jurisdiction
United Kingdom
Judgment Date
19 February 2019
Procedural Posture
Employment Appeal / Appeal Against Employment Tribunal Decision on Jurisdiction (unfair Dismissal Claim Out of Time)
Outcome
Appeal dismissed
Legal Topics
Unfair Dismissal, Extension of Time, Jurisdiction, Race Discrimination
Employment Law Unfair Dismissal Extension of Time Jurisdiction Race Discrimination

Case Brief

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Parties

Mr Pora

Appellant/claimant

Cape Industrial Services Ltd

Respondent/employer

Procedural Posture

Employment Appeal / Appeal Against Employment Tribunal Decision on Jurisdiction (unfair Dismissal Claim Out of Time)

Legal Issues

  1. 1 Whether it was reasonably practicable for the Claimant to present his unfair dismissal claim in time when the delay was due to his solicitor's fault
  2. 2 Whether the Employment Judge erred in law in refusing to extend time for the unfair dismissal claim

Ratio Decidendi

It was reasonably practicable for the Claimant to present his unfair dismissal claim in time because he knew he had a claim, sought advice from appropriate experts within time, and authorised solicitors to act for him. The solicitor's fault does not make it not reasonably practicable for the Claimant to present his claim in time. Therefore, the Employment Tribunal had no jurisdiction to consider the unfair dismissal complaint.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.