clarify time limit

[lostfaith]

Hello

To learn from a mistake a friend made; can someone please clarify, I know now it is 3 months less a day but say if they were to make a claim and it was say 30 August 2014 I understand 29 August 2014 but if it was say 5pm that day would it still have been too late?

[Amethyst]

Re: clarify time limit

for an employment tribunal claim for unfair dismissal ?

How was the claim submitted ?

(for ref : A claim must be brought within three months of the last day of employment. The three months includes the last day of employment as the first day of the three-month period, hence the three months less one day terminology where the Employment Act states ''(a)before the end of the period of three months beginning with the effective date of termination'')

[lostfaith]

Re: clarify time limit

1) yes correct

2) On tribunal website

[Amethyst]

Re: clarify time limit

Okay. Was the receipt received stating the time and date of submission ? and has that been queried.

Was payment made or remission applied for?

[lostfaith]

Re: clarify time limit

I am not sure. I will try to find out. But I just am curious that if I have to do one and hope not in the future would late in the day still make it too late or does it have to be in by 12am same day?

[Amethyst]

Re: clarify time limit

I think I'd probably give myself a good few days leeway in case my internet connection went down or my debit card ballsed up, as the ET is very strict on the timescales, but if you have to leave it to the wire for some reason then I'd suggest at least a couple hours before close of business to enable you to contact them if necessary.

Officially wise;

4. (1) Unless otherwise specified by the Tribunal, an act required by these Rules, a practice direction or an order of a Tribunal to be done on or by a particular day may be done at any time before midnight on that day. If there is an issue as to whether the act has been done by that time, the party claiming to have done it shall prove compliance.

[Amethyst]

Re: clarify time limit

The Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 attached.

Also http://hmctsformfinder.justice.gov.u...s/t420-eng.pdf might of of use.

[Inca]

Re: clarify time limit

Lostfaith,,,I have no idea why you pm'd me for my opinion as I don't dabble in Employment Law nor do I give my opinion via pm,,,I have forwarded your pm to Amethyst