Unfair dismissal 3 Month Time Limit Is this a hard and fast rule?

[merlin]

Due to being ill and in and out of hospital I was unable to take out an unfair dismissal with my employer within the three months stated, is this a hard and fast rule that cannot be broken?

Regards

[Guest]

Re: Unfair dismissal 3 Month Time Limit Is this a hard and fast rule?

No, but you will need a good reason and being ill and in and out of hospital may not be good enough.

Why could you not file an ET1 during one of the periods that you were not in hospital?

The Employment Tribunal may exercise its discretion but the test is primarily a question of fact for the tribunal to interpret, in the exercise of its discretion. It has been held that the tribunal has a wide discretion to do what it considers just and equitable in all the circumstances and they are entitled to consider anything which they consider relevant. Note however that the onus is on you to convince the tribunal that it is just and equitable to extend time and 'the exercise of discretion is the exception rather than the rule' (Robertson v Bexley Community Centre [2003]).

[CYNthesys]

Re: Unfair dismissal 3 Month Time Limit Is this a hard and fast rule?

Merlin, I've recently done one for a friend. She is ill, and just couldn't cope with doing one herself. Even though she was over 2 months out of time, the tribunal has accepted it.

[Glenn UK]

Re: Unfair dismissal 3 Month Time Limit Is this a hard and fast rule?

My business partner and his wife took a claim for racial and sexual discrimination out of time which was accepted. However, I would support the post made by Cetelco, its up to the plaintiff to prove a good reason why it should be accepted.

If you have any access to legal advice (possibly via home insurance?) then id call it in, he used the same brief i did when my wife took a claim for unfair dismissal forward and in my view is pretty good on employment issues. Shes in Essex if you want a referral.

HTH

Glenn

[strangewayofsavin]

Re: Unfair dismissal 3 Month Time Limit Is this a hard and fast rule?

I have also been through this with a fellow employee, any illness that can be proved via a DR note , or issues under the Mental health act etc. ACAS will grant a hearing. If the reason is valid ACAS will take this into consideration.

[merlin]

Re: Unfair dismissal 3 Month Time Limit Is this a hard and fast rule?

My business partner and his wife took a claim for racial and sexual discrimination out of time which was accepted. However, I would support the post made by Cetelco, its up to the plaintiff to prove a good reason why it should be accepted.

If you have any access to legal advice (possibly via home insurance?) then id call it in, he used the same brief i did when my wife took a claim for unfair dismissal forward and in my view is pretty good on employment issues. Shes in Essex if you want a referral.

HTH

Glenn

Glenn yes thanks for that I would appreciate referral.

Thanks everyone very helpful.

Regards

[Glenn UK]

Re: Unfair dismissal 3 Month Time Limit Is this a hard and fast rule?

Right 1st off sorry for the dealy in getting back, have been working from home for the past week or so and didnt see this posting.

I rang the solicitors practice to get her details but she has moved so here is what you do if you want to track her down, She now has her own practice.

Write a letter saying you wish to contact Jane Elgar as you have a referal from me Glenn Horton giving your details an doput it in an envelope but dont seal it.

then send it to SRA Contact Centre, ipsley Court, Berrington Close, Redditch Worcs B98 OTD with a covering letter asking them to contact Jane Elgar which they can do. they have er personal details but obviouley wont give them out.

Hope that helps

Glenn