DHL Exel Supply Chain Ltd v. Davies [2009] UKEAT 0035_09_0604 (6 April 2009)

DHL Exel Supply Chain Ltd v. Davies [2009] UKEAT 0035_09_0604 (6 April 2009)

The Employment Judge failed to find that the claimant's belief about the dismissal date was reasonable, and no tribunal could reasonably conclude otherwise given the facts and communications after 8 February 2008.

Source-derived case information.

Citation
[2009] UKEAT 0035_09_0604
Parties
Appellant: DHL Exel Supply Chain; Respondent: Mr Davies
Jurisdiction
United Kingdom
Judgment Date
06 April 2009
Procedural Posture
Employment Appeal / Appeal Judgment
Outcome
Appeal allowed
Legal Topics
Extension of Time, Unfair Dismissal, Reasonably Practicable
Employment Law Extension of Time Unfair Dismissal Reasonably Practicable

Source-derived case record

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Parties

DHL Exel Supply Chain

Appellant

Mr Davies

Respondent

Procedural Posture

Employment Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether the claimant's belief about the date of dismissal justified extension of time for unfair dismissal claim
  2. 2 Whether such belief was reasonable

Ratio Decidendi

The Employment Judge failed to find that the claimant's belief about the dismissal date was reasonable, and no tribunal could reasonably conclude otherwise given the facts and communications after 8 February 2008.

Court Disposition

Appeal allowed

Orders

  • Application for unfair dismissal claim found to be out of time
  • No remission to a different tribunal