Luton Borough Council v Haque (Jurisdictional Points) [2017] UKEAT 0260_17_3107 (31 July 2017)

Luton Borough Council v Haque (Jurisdictional Points) [2017] UKEAT 0260_17_3107 (31 July 2017)

There is a compelling reason for the appeal to proceed to a Full Hearing due to the need for clarity on the statutory construction of time extension provisions under the early conciliation regime, though the underlying argument is not presently persuasive.

Citation
[2017] UKEAT 0260_17_3107
Parties
Claimant: Claimant; Respondent: Respondent
Jurisdiction
United Kingdom
Judgment Date
31 July 2017
Procedural Posture
Employment Appeal Tribunal / Rule 3(10) Application; Permission to Proceed to Full Hearing
Outcome
Permission granted for appeal to proceed to Full Hearing under Rule 3(10) EAT Rules 1993.
Legal Topics
Time Limits for Claims, Early Conciliation Regime, Statutory Construction of Extension Provisions
Employment Law Time Limits for Claims Early Conciliation Regime Statutory Construction of Extension Provisions

Case Brief

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Parties

Claimant

Claimant

Respondent

Respondent

Procedural Posture

Employment Appeal Tribunal / Rule 3(10) Application; Permission to Proceed to Full Hearing

Legal Issues

  1. 1 Whether the claim was presented in time under statutory extension provisions
  2. 2 Interpretation of section 207B Employment Rights Act 1996

Ratio Decidendi

There is a compelling reason for the appeal to proceed to a Full Hearing due to the need for clarity on the statutory construction of time extension provisions under the early conciliation regime, though the underlying argument is not presently persuasive.

Court Disposition

Permission granted for appeal to proceed to Full Hearing under Rule 3(10) EAT Rules 1993.

Orders

  • Matter to proceed to Full Hearing.
  • Listing to be expedited and heard with any other appeals raising the same point.