GMB v. Hamm [2000] UKEAT 246_00_1511 (15 November 2000)

GMB v. Hamm [2000] UKEAT 246_00_1511 (15 November 2000)

The Tribunal erred in law by failing to apply established legal principles regarding the 'reasonably practicable' test; neither the pursuit of an internal appeal nor inaccurate advice from the CAB, nor Mr Hamm's mistaken belief about the time limit, constituted sufficient grounds to extend the statutory time limit for presenting the complaint.

Citation
[2000] UKEAT 246_00_1511
Parties
Appellant: GMB; Respondent: Michael Hamm
Jurisdiction
United Kingdom
Judgment Date
15 November 2000
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Decision
Outcome
Appeal allowed; complaint dismissed as out of time.
Legal Topics
Time Limits for Tribunal Complaints, Expulsion From Trade Union, Reasonably Practicable Test
Employment Law Trade Union Law Time Limits for Tribunal Complaints Expulsion From Trade Union Reasonably Practicable Test

Case Brief

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Parties

GMB

Appellant

Michael Hamm

Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Decision

Legal Issues

  1. 1 Whether the Employment Tribunal erred in law in finding it was not reasonably practicable for the complaint to be presented within six months of expulsion from the union under section 175(b) of TULRCA 1992.

Ratio Decidendi

The Tribunal erred in law by failing to apply established legal principles regarding the 'reasonably practicable' test; neither the pursuit of an internal appeal nor inaccurate advice from the CAB, nor Mr Hamm's mistaken belief about the time limit, constituted sufficient grounds to extend the statutory time limit for presenting the complaint.

Court Disposition

Appeal allowed; complaint dismissed as out of time.

Orders

  • The GMB's appeal is allowed.
  • Mr Hamm's complaint is dismissed as presented out of time.