Carter v The Blackstone Group International Ltd [2010] UKEAT 0966_09_2603 (26 March 2010)

Carter v The Blackstone Group International Ltd [2010] UKEAT 0966_09_2603 (26 March 2010)

The Employment Judge was entitled to find the Claimant's medical evidence incredible and to reject her contention of being misadvised by Tribunal staff; it was reasonably practicable for her to present the claim in time, so no extension was warranted.

Citation
[2010] UKEAT 0966_09_2603
Parties
Appellant/claimant: Miss A Carter; Respondent: Unknown (Respondent)
Jurisdiction
United Kingdom
Judgment Date
26 March 2010
Procedural Posture
Employment Appeal / Rule 3(10) Application on Appeal Against Preliminary Judgment
Outcome
Appeal dismissed
Legal Topics
Unfair Dismissal, Extension of Time, Reasonable Practicability, Employment Tribunal Procedure

Case Brief

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Parties

Miss A Carter

Appellant/claimant

Unknown (Respondent)

Respondent

Procedural Posture

Employment Appeal / Rule 3(10) Application on Appeal Against Preliminary Judgment

  1. 1 Whether it was reasonably practicable for the Claimant to present her unfair dismissal claim within the statutory time limit
  2. 2 Whether the Employment Judge erred in refusing an extension of time under s111 Employment Rights Act 1996

Ratio Decidendi

The Employment Judge was entitled to find the Claimant's medical evidence incredible and to reject her contention of being misadvised by Tribunal staff; it was reasonably practicable for her to present the claim in time, so no extension was warranted.

Court Disposition

Appeal dismissed

Orders

  • Application for extension of time refused
  • Underlying appeal dismissed