June 07, 2011
The recent decision on the employment appeals tribunal of John Lewis Partnership v Charman, clarified when the tribunal will consider an unfair dismissal claim that has been lodged out of time. The deadline for lodging unfair dismissal claims is three months form the effective date of the employee’s termination (the EDT). In the case, the employee lodged his claim after the three month period had expired as he was waiting to receive notice of the outcome of an internal appeal from his former employer before doing so. Normally the tribunal will only consider a claim lodged out of time where it was not reasonably practicable for it to be lodged before the deadline. Here, the tribunal considered that the fact that the former employee was not aware that there was a deadline for lodging a claim, together with the fact that he submitted the claim promptly after receiving the notice of the appeal decision from his employer, to be sufficient reasons for it not being reasonably practicable for him to have lodged the claim in time. Although this decision may be useful for those who have good reasons for missing a deadline for lodging a claim, each decision will rest on its own facts so it is important to check what the time limits are for bringing a claim as soon as possible. An employment solicitor be able to advise of the exact deadlines in a particular case.