he recent Employment Appeal Tribunal case of Miah v Axis Security has considered an issue which arose when presenting a claim to the Employment Tribunal close to the limitation deadline.
Mr Miah’s deadline to submit his claim of unfair dismissal against his former employer Axis Security was on a Sunday, a non-working day. The claim form was sent to the tribunal by post on the Friday before Sunday’s limitation deadline. Given that the tribunal was closed over the weekend, it was not received and subsequently date-stamped by the tribunal until Monday, the day after the limitation deadline.
Both the Employment Tribunal and the Employment Appeal Tribunal were in agreement that the claim was submitted out of time and therefore Mr Miah was unable to continue with his unfair dismissal claim against Axis Security.
This case highlights the strict approach applied by the tribunal if a claim is submitted out of time. It follows similar decisions in the past by the tribunal relating to ET1s and Particulars of Complaint being presented to the Employment Tribunal out of time, as well as issues arising from potential claims being presented out of time by not commencing Acas Early Conciliation in time. The tribunal’s strict approach applies regardless of whether or not an individual has reasonable prospects of success.
Therefore individuals should not delay in taking action if they wish to commence Acas Early Conciliation and submit a claim to the Employment Tribunal. As such individuals should avoid leaving matters so close to the limitation deadline, especially if the deadline could clash with a non-working day such as weekends, bank holidays and office closures such as Christmas.
If you require any assistance with an employment law dispute, it is advisable to seek legal advice without delay so that you are clear on the applicable deadlines to commence Acas Early Conciliation and subsequently submitting a claim to the Employment Tribunal. We can also advise you throughout the process, such as assessing your prospects of success as well as draft and submit any tribunal documentation
Businesses looking for advice on HR and employment law issues relating to the Employment Tribunal can speak to Miss Sally Morris via 01905 610410 or email firstname.lastname@example.org.