Employment Law: Time Limits for Bringing Employment Tribunal Claims
Posted by Nick Niesen on October 27th, 2010
In the case of Chouafi v London United Busways Ltd , the claimant was employed as a bus driver by the defendant company. In October 2003, he was diagnosed with severe depression and was signed off work until February 2004. He was dismissed in January 2004 on the grounds of his medical condition and complained to the employment tribunal of unfair dismissal and disability discrimination.
The Employment Rights Act 1996 provides that an employment tribunal shall not consider a complaint for unfair dismissal unless it is presented to the tribunal within three months of the effective date of termination of employment.
However this three-month limitation period may be extended if the tribunal considers that in the relevant case, it was not reasonably practicable for the complaint to be presented within the three months.
There are similar provisions under the Disability Discrimination Act 1995.
The tribunal decided that:-
The complaint of unfair dismissal had not been presented within the three-month time limit, pursuant to s 111 of the Employment Rights Act 1996;
Decisions on whether or not a claim would be admitted out of time, for unfair dismissal or disability discrimination, were essentially questions of facts on which the tribunal should decide based upon the evidence submitted by the parties;
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© RT COOPERS, 2005. This Briefing Note does not provide a comprehensive or complete statement of the law relating to the issues discussed nor does it constitute legal advice. It is intended only to highlight general issues. Specialist legal advice should always be sought in relation to particular circumstances.
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About the AuthorNick Niesen
Joined: April 29th, 2015
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