Barlow v Post Office Counters Ltd [1995] UKEAT 849_94_1810 (18 October 1995)

Barlow v Post Office Counters Ltd [1995] UKEAT 849_94_1810 (18 October 1995)

The Tribunal found as a fact that no enforceable assurance of alternative employment was given to Mr Barlow, and therefore it was reasonably practicable for him to present his complaint within the statutory time limit. The refusal to review was correct as the alleged new evidence was available at the original hearing and could have been compelled by witness order.

Citation
[1995] UKEAT 849_94_1810
Parties
Appellant: Mr Barlow; Respondent: Post Office Counters Ltd
Jurisdiction
United Kingdom
Judgment Date
18 October 1995
Procedural Posture
Employment Appeal / Appeal From Industrial Tribunal Decision and Review Refusal
Outcome
Appeal dismissed
Legal Topics
Unfair Dismissal, Time Limits, Tribunal Procedure, Review of Tribunal Decisions
Employment Law Unfair Dismissal Time Limits Tribunal Procedure Review of Tribunal Decisions

Case Brief

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Parties

Mr Barlow

Appellant

Post Office Counters Ltd

Respondent

Procedural Posture

Employment Appeal / Appeal From Industrial Tribunal Decision and Review Refusal

Legal Issues

  1. 1 Whether the Industrial Tribunal erred in law in refusing to extend time for presenting an unfair dismissal complaint
  2. 2 Whether the Tribunal erred in refusing a review based on availability of new evidence

Ratio Decidendi

The Tribunal found as a fact that no enforceable assurance of alternative employment was given to Mr Barlow, and therefore it was reasonably practicable for him to present his complaint within the statutory time limit. The refusal to review was correct as the alleged new evidence was available at the original hearing and could have been compelled by witness order.

Court Disposition

Appeal dismissed

Orders

  • No error of law found in Tribunal's decision or refusal to review
  • No further orders made