How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask UK-Justice Your Own Question

UK-Justice
UK-Justice, Barrister
Category: Employment Law
Satisfied Customers: 16193
Experience:  Called to the Bar in 2007
41133288
Type Your Employment Law Question Here...
UK-Justice is online now

I have been dismissed for misconduct [swearing] and want to

Customer Question

I have been dismissed for misconduct [swearing] and want to claim unfair dismissal. I have been to a solicitor but after he advised me and produced an outline of my claim he wanted paying on account. I told him i would do it myself. I have used his outline and put in a claim. my employer's lawyer is saying that I filed it outside the 3 months time limit by 7 days and because i saw a solicitor I will lose.

is there anything I can do?
Submitted: 3 years ago.
Category: Employment Law
Expert:  UK-Justice replied 3 years ago.
Thanks for your question, I will do whatever I can to help you. Please remember to rate my answer SMILEY FACE OR ABOVE.

How long had you been working there?

What was the date of dismissal?
Customer: replied 3 years ago.

I forgot, the CAB said I should ask for chapter number and verse for the advice

Expert:  UK-Justice replied 3 years ago.
Yes.

I am asking what date were you dismissed.

And how long had you been working there?
Expert:  joannem1965 replied 3 years ago.
Hi there if you were claiming unfair dismissal you should've made your claim within three months of your date of dismissal. Let's say you were sacked on 10 January then you should've claimed by 9 April. The employment tribunals can allow you to make a claim out of time though if you've got reasonable grounds to do that. Let's say in your case you received wrong advice by your lawyer that resulted in a delayed claim then the tribunal could consider allowing you to make it out of time. What they may be saying here when they refer to you taking legal advice and that you'll lose is that if your lawyer did not give you the wrong advice then you should've known when the time limit is and having had the correct advice you should've made the claim in time. Just as the tribunal to consider allowing you to make the claim out of time anyway. And to confirm you'll need to have been working there for at least 1 year before you can claim unfair dismissal. Good luck
Expert:  UK-Justice replied 3 years ago.
You can only claim unfair dismissal if you have 1 years continuous service.

The time limit for bring a claim is 3 months from the date of dismissal.

All unfair dismissal applications must be presented within this timeframe. The statutory provisions as to time limits are complex, as they differ according to the particular provision.

Time limits go to the jurisdiction of the Tribunal. A claim presented after the time limit has expired can not be considered on its merits, however strong these may be, unless the tribunal can be persuaded to extended time under the limited discretionary powers to do so conferred by statute.

There is power to extend time in relation to unfair dismissal.

An extension of time may be granted by the Tribunal to validate a late complaint of unfair dismissal if, but only if, it is satisfied (the onus of proof being on the claimant) that it was 'not reasonably practicable for the complaint to be presented before the end' of the three month period (Employment Rights Act S.111(2).

The complaint must nevertheless have been presented within such further period as the tribunal considers reasonable in order for an extension to be granted.

The ETA has confirmed that the principles and case law in relation to unfair dismissal claims apply equally to such other categories of claim also.

It is a question of fact in each case whether it was reasonable practicable to present a claim in time. The question has generated extensive reported authority, but the Court of Appeal and EAT have repeatedly stressed that particular decisions should not be taken as laying down hard and fast rules.

In Palmer v Southend on Sea BC was able to offer no more specific test than the tribunal should ask whether it was reasonably feesible to present a claim in time.

I hope this helps



Please remember to click *** OK SERVICE *** or above so that I am credited for my time. The question does not close and you can ask follow ups.

Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist you further.
Customer: replied 3 years ago.


The answrs to your questions are: I started work in october 2010 and was dismissedd on 24th sept 2012. I collected


 


can you let me have the the following information:


 


A copy of the provision that deals with this - Section 111.2 of the employers act plus a copy of the case you refer to or any key extract or where I can find this infomation.


 


Thank you


 


Frank


 

Expert:  UK-Justice replied 3 years ago.
Section 111(2)

(2)[F2Subject to the following provisions of this section]F2, an [F1employment tribunal] shall not consider a complaint under this section unless it is presented to the tribunal—

(a)before the end of the period of three months beginning with the effective date of termination, or

(b)within such further period as the tribunal considers reasonable in a case where it is satisfied that it was not reasonably practicable for the complaint to be presented before the end of that period of three months.

The case summary can be found:

http://www.farrarsbuilding.co.uk/latestDetail.php?Employment-Law-Update---June-2008-45

I hope this helps



Please remember to click *** OK SERVICE *** or above so that I am credited for my time. The question does not close and you can ask follow ups.

Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist you further.

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Ben Jones

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    10055
    Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
< Last | Next >
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    10055
    Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    41
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Laywer

    Satisfied Customers:

    49
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/taratill/2010-03-09_111600_phpsik04M_c2AM.jpg taratill's Avatar

    taratill

    Solicitor

    Satisfied Customers:

    661
    15 years experience of advising on employment law matters
  • http://ww2.justanswer.com/uploads/LI/li/2014-12-19_134845_lexughes.64x64.jpg Alice H's Avatar

    Alice H

    Solicitor Advocate

    Satisfied Customers:

    99
    Partner in national law firm with 20+ years legal experience
  • /img/opt/shirt.png tdlawyer's Avatar

    tdlawyer

    Laywer

    Satisfied Customers:

    53
    Lawyer with 9 years experience in employment related issues.
 
 
 

Related Employment Law Questions