Andrews V Kings College Hospital NHS Foundation Trust & Anor (Jurisdictional Points : Extension of time: just and equitable) [2012] UKEAT 0614_11_1904 (19 April 2012)

Andrews V Kings College Hospital NHS Foundation Trust & Anor (Jurisdictional Points : Extension of time: just and equitable) [2012] UKEAT 0614_11_1904 (19 April 2012)

The Employment Tribunal erred in law by applying an insufficiently stringent test for strike-out and by failing to properly consider the claimant's lack of knowledge and reliance on employer's information in relation to time limits. The decisions to strike out and dismiss the claims for periods 2 and 3 are quashed and must be reconsidered by the Tribunal.

Citation
[2012] UKEAT 0614_11_1904
Parties
Appellant: Appellant (Claimant); Respondent: First Respondent
Jurisdiction
United Kingdom
Judgment Date
19 April 2012
Procedural Posture
Employment Appeal / Appeal Against Employment Tribunal Decisions
Outcome
Appeal allowed; Tribunal decisions quashed.
Legal Topics
Extension of Time, Strike Out/dismissal, Equal Pay Act, Implied Contractual Terms, Reasonably Practicable Test
Employment Law Pensions Law Equal Pay Extension of Time Strike Out/dismissal Equal Pay Act Implied Contractual Terms Reasonably Practicable Test

Case Brief

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Parties

Appellant (Claimant)

Appellant

First Respondent

Respondent

Procedural Posture

Employment Appeal / Appeal Against Employment Tribunal Decisions

Legal Issues

  1. 1 Whether the Employment Tribunal erred in striking out the claim for period 2 under the Equal Pay Act for lack of reasonable prospect of success
  2. 2 Whether the Employment Tribunal erred in dismissing the claim for period 3 as out of time under the Industrial Tribunals (Extension of Jurisdiction) Order 1994
  3. 3 Whether the Tribunal applied the correct legal test for strike-out and extension of time

Ratio Decidendi

The Employment Tribunal erred in law by applying an insufficiently stringent test for strike-out and by failing to properly consider the claimant's lack of knowledge and reliance on employer's information in relation to time limits. The decisions to strike out and dismiss the claims for periods 2 and 3 are quashed and must be reconsidered by the Tribunal.

Court Disposition

Appeal allowed; Tribunal decisions quashed.

Orders

  • Strike-out of claim for period 2 under the Equal Pay Act quashed; claim to proceed before Employment Tribunal.
  • Dismissal of claim for period 3 as out of time quashed; claim to proceed before Employment Tribunal.