In order to bring a claim in the employment tribunal you have to do so within 3 months less a day from action the complaint relates to i.e a dismissal.
A recent case (Miah –v- Axis) was heard by the employment appeal tribunal. The appellant had submitted his claim on Monday 30th January 2017 however the period of 3 months from his dismissal ran out the day before.
Mr Miah tried to appeal on the basis that under rule 4 (2) of the Employment Tribunal Rules of Procedure 2013 that as the time ended not on a working day he had until the following working day. The employment appeal tribunal did not agree with his reasoning on the basis that the rule states “if the time specified by these Rules”. They found that this did not cover the time limits under the Employment Rights Act 1996 and therefore his claim was submitted out of time.
For an employee it is imperative that if you feel you have a claim against your employer you take legal advice as early as possible so that you have sufficient time to commence your claim.
If you have a matter you wish to discuss with one of our solicitors please contact the office on 01483 303636 or send an email to info@justemployment.com.
This case summary/article is intended for information purposes and should not be used or relied upon as legal advice. Just Employment accepts no responsibility for any reliance upon this information.
Author: Helen Phillips Solicitor and Director at Just Employment Ltd
