Brown v. First Security (Guards) Ltd [2003] UKEAT 0364_03_1510 (15 October 2003)

Brown v. First Security (Guards) Ltd [2003] UKEAT 0364_03_1510 (15 October 2003)

Neither of the letters sent by the applicant's solicitors constituted an Originating Application, as neither purported to be such nor requested to be treated as such; therefore, the application was out of time and the Tribunal had no jurisdiction.

Citation
[2003] UKEAT 0364_03_1510
Parties
Appellant: Mr Roger Brown; Respondent: First Security (Guards) Ltd
Jurisdiction
United Kingdom
Judgment Date
15 October 2003
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Decision
Outcome
appeal dismissed
Legal Topics
Originating Application, Time Limits, Jurisdiction, Constructive Dismissal

Case Brief

Summary, issues, holding and outcome

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Parties

Mr Roger Brown

Appellant

First Security (Guards) Ltd

Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Decision

  1. 1 Whether letters sent by applicant's solicitors constituted a valid Originating Application for Employment Tribunal purposes
  2. 2 Whether the Employment Tribunal had jurisdiction given the timing of the application

Ratio Decidendi

Neither of the letters sent by the applicant's solicitors constituted an Originating Application, as neither purported to be such nor requested to be treated as such; therefore, the application was out of time and the Tribunal had no jurisdiction.

Court Disposition

appeal dismissed

Orders

  • No jurisdiction; complaint dismissed as out of time