Initial Electronic Security Systems Ltd v Avdic [2005] UKEAT 0281_05_0806 (8 June 2005)

Initial Electronic Security Systems Ltd v Avdic [2005] UKEAT 0281_05_0806 (8 June 2005)

The Tribunal was entitled to find that, absent any contra-indication, the reasonable expectation of the sender of an email is prompt delivery; the non-delivery was an unforeseen circumstance, and the claimant acted reasonably promptly after discovering the failure.

Citation
[2005] UKEAT 0281_05_0806
Parties
Appellant: Initial Electronic Security Systems Ltd; Respondent: Miss Avdic
Jurisdiction
United Kingdom
Judgment Date
08 June 2005
Procedural Posture
Employment Appeal Tribunal / Appeal Against Employment Tribunal Decision on Time Limits for Claim Presentation
Outcome
Appeal dismissed
Legal Topics
Unfair Dismissal, Time Limits, Electronic Filing, Reasonable Practicability
Employment Law Unfair Dismissal Time Limits Electronic Filing Reasonable Practicability

Case Brief

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Parties

Initial Electronic Security Systems Ltd

Appellant

Miss Avdic

Respondent

Procedural Posture

Employment Appeal Tribunal / Appeal Against Employment Tribunal Decision on Time Limits for Claim Presentation

Legal Issues

  1. 1 Whether the non-delivery of an emailed claim form constitutes an 'unforeseen circumstance' under s111(2) Employment Rights Act 1996
  2. 2 Whether the claimant acted reasonably promptly after discovering non-delivery

Ratio Decidendi

The Tribunal was entitled to find that, absent any contra-indication, the reasonable expectation of the sender of an email is prompt delivery; the non-delivery was an unforeseen circumstance, and the claimant acted reasonably promptly after discovering the failure.

Court Disposition

Appeal dismissed