Miah v Axis Security Services Ltd (JURISDICTIONAL POINTS - Claim in time and effective date of termination) [2018] UKEAT 0290_17_2303 (23 March 2018)

Miah v Axis Security Services Ltd (JURISDICTIONAL POINTS - Claim in time and effective date of termination) [2018] UKEAT 0290_17_2303 (23 March 2018)

Rule 4(2) ET Rules 2013 does not apply to statutory time limits imposed by section 111(2) ERA for unfair dismissal claims. The Employment Tribunal was correct to find that the claim was presented out of time and that it had no jurisdiction to hear it. The statutory regime provides its own exceptions and extensions, and procedural rules cannot override statutory requirements.

Citation
[2018] UKEAT 0290_17_2303
Parties
Appellant: Mr M Miah; Appellant: Syeds Solicitors; Respondent: Axis Security Services Ltd
Jurisdiction
United Kingdom
Judgment Date
23 March 2018
Procedural Posture
Employment Appeal / Full Hearing of Appeals Against ET Decisions on Time Limits and Wasted Costs
Outcome
appeals dismissed
Legal Topics
Unfair Dismissal, Jurisdictional Time Limits, Extension of Time, Employment Tribunal Procedure, Wasted Costs
Employment Law Unfair Dismissal Jurisdictional Time Limits Extension of Time Employment Tribunal Procedure Wasted Costs

Case Brief

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Parties

Mr M Miah

Appellant

Syeds Solicitors

Appellant

Axis Security Services Ltd

Respondent

Procedural Posture

Employment Appeal / Full Hearing of Appeals Against ET Decisions on Time Limits and Wasted Costs

Legal Issues

  1. 1 Whether Employment Tribunal erred in law by failing to apply Rule 4(2) ET Rules 2013 to statutory time limit under section 111 Employment Rights Act 1996 for unfair dismissal claims
  2. 2 Whether Rule 4(2) ET Rules 2013 can extend statutory time limits
  3. 3 Whether the claim was presented in time or if time should be extended

Ratio Decidendi

Rule 4(2) ET Rules 2013 does not apply to statutory time limits imposed by section 111(2) ERA for unfair dismissal claims. The Employment Tribunal was correct to find that the claim was presented out of time and that it had no jurisdiction to hear it. The statutory regime provides its own exceptions and extensions, and procedural rules cannot override statutory requirements.

Court Disposition

appeals dismissed