Howlett Marine Services Ltd v. Bowlam & Ors [2000] UKEAT 876_99_0811 (8 November 2000)

Howlett Marine Services Ltd v. Bowlam & Ors [2000] UKEAT 876_99_0811 (8 November 2000)

The Employment Tribunal did not err in law in considering the reasonableness of the delay in presenting the complaint under section 192(2)(b), including the impact of pending appeal and recoupment processes, and its decision was not perverse or oppressive. The statutory scheme allows for a further reasonable period beyond the three months if it was not reasonably practicable to present the complaint earlier, and the tribunal's discretion in assessing reasonableness is broad.

Citation
[2000] UKEAT 876_99_0811
Parties
Appellant: Howlett Marine Services Ltd; Respondents: Mr K Bolam and 62 others; Intervener: Secretary of State for Education and Employment
Jurisdiction
United Kingdom
Judgment Date
08 November 2000
Procedural Posture
Employment Appeal Tribunal Appeal / Full Hearing of Appeal
Outcome
Appeal dismissed
Legal Topics
Protective Awards, Redundancy, Time Limits for Complaints, Recoupment Provisions
Employment Law Protective Awards Redundancy Time Limits for Complaints Recoupment Provisions

Case Brief

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Parties

Howlett Marine Services Ltd

Appellant

Mr K Bolam and 62 others

Respondents

Secretary of State for Education and Employment

Intervener

Procedural Posture

Employment Appeal Tribunal Appeal / Full Hearing of Appeal

Legal Issues

  1. 1 What is the correct time limit for presenting a complaint under section 192 of the Trade Union and Labour Relations (Consolidation) Act 1992 when a protective award is made after the protected period has expired?
  2. 2 Whether the Employment Tribunal erred in law in considering the reasonableness of delay in presenting the complaint under section 192(2)(b) in light of pending appeal and recoupment processes.

Ratio Decidendi

The Employment Tribunal did not err in law in considering the reasonableness of the delay in presenting the complaint under section 192(2)(b), including the impact of pending appeal and recoupment processes, and its decision was not perverse or oppressive. The statutory scheme allows for a further reasonable period beyond the three months if it was not reasonably practicable to present the complaint earlier, and the tribunal's discretion in assessing reasonableness is broad.

Court Disposition

Appeal dismissed

Orders

  • The appeal of Howlett Marine Services Ltd is dismissed.