North East London NHS Foundation Trust v Zhou (JURISDICTIONAL POINTS - Claim in time and effective date of termination) [2018] UKEAT 0066_18_0507 (5 July 2018)

North East London NHS Foundation Trust v Zhou (JURISDICTIONAL POINTS - Claim in time and effective date of termination) [2018] UKEAT 0066_18_0507 (5 July 2018)

The Employment Tribunal failed to properly engage with and explain whether the Claimant's solicitors acted reasonably in failing to check the ET1 thoroughly, as required by the Dedman principle. The appeal is allowed in part and the issue of reasonableness is remitted to the same ET for determination.

Citation
[2018] UKEAT 0066_18_0507
Parties
Appellant: Claimant; Respondent: Respondent
Jurisdiction
United Kingdom
Judgment Date
05 July 2018
Procedural Posture
Employment Appeal Tribunal / Appeal From Preliminary Hearing Decision
Outcome
Appeal allowed in part; issue remitted to Employment Tribunal for determination
Legal Topics
Jurisdictional Points, Extension of Time, Reasonably Practicable Test, ACAS Early Conciliation, Unfair Dismissal, Whistleblowing Detriment
Employment Law Jurisdictional Points Extension of Time Reasonably Practicable Test ACAS Early Conciliation Unfair Dismissal Whistleblowing Detriment

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Parties

Claimant

Appellant

Respondent

Respondent

Procedural Posture

Employment Appeal Tribunal / Appeal From Preliminary Hearing Decision

Legal Issues

  1. 1 Whether the Employment Tribunal correctly applied the 'not reasonably practicable' test for extension of time under section 111(2)(b) Employment Rights Act 1996
  2. 2 Whether the conduct of the Claimant's solicitors was unreasonable and binds the Claimant under the Dedman principle
  3. 3 Whether the ET failed to properly engage with the question of reasonableness regarding the solicitors' conduct

Ratio Decidendi

The Employment Tribunal failed to properly engage with and explain whether the Claimant's solicitors acted reasonably in failing to check the ET1 thoroughly, as required by the Dedman principle. The appeal is allowed in part and the issue of reasonableness is remitted to the same ET for determination.

Court Disposition

Appeal allowed in part; issue remitted to Employment Tribunal for determination

Orders

  • Remit to the same Employment Tribunal to determine whether the Claimant's solicitors acted reasonably in failing to check the ET1 thoroughly
  • Appeal dismissed insofar as it raises a question of perversity