Agrico UK Ltd v. Ireland [2005] UKEAT 0024_05_1008 (10 August 2005)

Agrico UK Ltd v. Ireland [2005] UKEAT 0024_05_1008 (10 August 2005)

The Employment Tribunal erred in law by focusing only on the last days of the limitation period, failing to consider the period as a whole, and not addressing the absence of explanation for the secretary's failure to act. The claimant's solicitors did not have adequate systems to ensure timely filing, and the burden to show reasonable impracticability was not met. It was reasonably practicable for the complaint to have been presented in time.

Citation
[2005] UKEAT 0024_05_1008
Parties
Appellant: Claimant (C); Respondent: Respondent
Jurisdiction
United Kingdom
Judgment Date
10 August 2005
Procedural Posture
Employment Appeal Tribunal / Appeal From Preliminary Hearing on Time Bar Issue
Outcome
Appeal allowed
Legal Topics
Time Limits for Presenting Claims, Reasonable Practicability, Solicitor Negligence, Extension of Time Under Employment Rights Act 1996
Employment Law Time Limits for Presenting Claims Reasonable Practicability Solicitor Negligence Extension of Time Under Employment Rights Act 1996

Case Brief

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Parties

Claimant (C)

Appellant

Respondent

Respondent

Procedural Posture

Employment Appeal Tribunal / Appeal From Preliminary Hearing on Time Bar Issue

Legal Issues

  1. 1 Whether it was not reasonably practicable for the claimant to present her complaint within the statutory three-month period
  2. 2 Whether the Employment Tribunal erred in law by focusing only on the last days of the limitation period and not the period as a whole
  3. 3 Whether the absence of explanation for the secretary's failure to act precluded a finding of reasonable impracticability

Ratio Decidendi

The Employment Tribunal erred in law by focusing only on the last days of the limitation period, failing to consider the period as a whole, and not addressing the absence of explanation for the secretary's failure to act. The claimant's solicitors did not have adequate systems to ensure timely filing, and the burden to show reasonable impracticability was not met. It was reasonably practicable for the complaint to have been presented in time.

Court Disposition

Appeal allowed

Orders

  • The decision of the Employment Tribunal is set aside.