Dhungana v Rai & Ors [2022] EAT 100 (25 July 2022)
- Citation
- [2022] EAT 100
- Status
- Judgment
- Jurisdiction
- United Kingdom
- Posture
- Employment Appeal / Appeal
More details
- Posture
- Employment Appeal / Appeal
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The Employment Appeal Tribunal determined that the Employment Tribunal correctly applied the law regarding jurisdiction and time limits, and the appeal was dismissed.
Court disposition
appeal dismissed
02
Material facts
Parties
Dhungana
AppellantRai & Ors
Respondent03
Procedural history
Posture
Employment Appeal / Appeal
04
Questions and positions
Legal issues
- 01
Whether the Employment Tribunal had jurisdiction to hear the claim
- 02
Whether the claim was presented within the relevant time limits
Party arguments
- Applicant
- The appellant argued that the Employment Tribunal had jurisdiction and that the claim was presented within the relevant time limits.
- Respondent
- The respondents argued that the Tribunal lacked jurisdiction and/or the claim was out of time.
05
Court’s reasoning
Legal principles
- 01
Employment Rights Act 1996
Employment Tribunals have jurisdiction only if claims are presented within statutory time limits unless it was not reasonably practicable to do so.
06
Ratio, limits and disposition
Ratio decidendi
The Employment Appeal Tribunal determined that the Employment Tribunal correctly applied the law regarding jurisdiction and time limits, and the appeal was dismissed.
Court disposition
appeal dismissed
Source and reliance status
Official court record
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Judgment reading view
Judgment text
The complete available source text.
Court record
Judgment
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