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Marcinlondon, Solicitor
Category: Employment Law
Satisfied Customers: 415
Experience:  Qualified Lawyer - 8 years experience
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What are the special exemptions which can be applied to

Customer Question

What are the special exemptions which can be applied to extending the time limits you have to bring an employment tribunal claim outside the three months minus a day...
Is it a complicated process to complete.
Submitted: 17 days ago.
Category: Employment Law
Expert:  Marcinlondon replied 17 days ago.
Hello, this isCustomerand welcome to JustAnswer. I will be the lawyer working with you today and I will be happy to advise you to the extent possible on this platform. I will review your question and I will be back with my answer shortly. You will get notified when my answer is ready therefore there is no need to wait online.
Please note that our discussion on this site is for general information purposes only and does not create a lawyer-client relationship. Thank you for your patience whilst waiting for my answer.
Expert:  Marcinlondon replied 17 days ago.

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

Expert:  Marcinlondon replied 17 days ago.

I hope this helps. Feel free to ask me any follow up questions. I am happy to help.

Customer: replied 17 days ago.
Is there any general case law which applies to the levels of reasonableness or practicality that can be referred to please
Expert:  Marcinlondon replied 17 days ago.

There is some. Fishley v Working Men's College UKEAT/0485/04, Beasley v National Grid Electricity Transmissions UKEAT/0626/06