Kent Solicitors

Any claim for unfair dismissal must be lodged with the employment tribunal within 3 months of the action giving rise to the claim

This can be extended if it is not "reasonably practicable to lodge it in time". There is much case law as to what is "reasonably practicable" and that the decisions tend to be quite strict against the employee

However, where the employer is operating the statutory dismissal procedure and appeal process, it is usual for the three-month time limit to be extended. In a recent case, the employer brought that procedure and appeal process to an abrupt and unexpected halt 5 hours before the expiry of the 3 month deadline

The Employment Tribunal held that it had not been reasonably practicable for the employees to lodge his claim in time and therefore granted an extension

Labels: unfair dismissal time limit employer employee employment