Employment Lawyers Can Answer Your Employment Law Questions
Thank you for your patience. If a claimant has failed to make their claim to the tribunal within the applicable time limit, there are two main categories of tribunal discretion under which the tribunal may extend the time limit so as to accept the claim late.
1. "Not reasonably practicable." This test applies to unfair dismissal and most other employment rights claims. If the tribunal finds that it was not reasonably practicable for the claimant to present the claim in time, it will then consider whether the claim was nevertheless presented "within such further period as the tribunal considers reasonable
2. "Just and equitable." This test applies in discrimination and statutory redundancy payment claims
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There is some. Fishley v Working Men's College UKEAT/0485/04, Beasley v National Grid Electricity Transmissions UKEAT/0626/06