Crucial to Follow Right Procedures; Small Business in Association with RBS

Article excerpt


MOST disputes between employees and their employer are decided by an Employment Tribunal (ET). When they were first established, it was intended that ETs would be an informal and cheap forum in which to resolve disputes.

However the complexity of employment legislation has meant that it is now common for one or both sides to be represented throughout before the ET by a solicitor.

In order to begin a claim, a employee has to complete an official claim form and file it with the ET office nearest to the place where he worked (or continues to work).

Usually the form has to be submitted within three months of the date on which the event which the employee is complaining about occurred. The Court of Appeal has recently held in the case of Beasley v National Grid that an employee who presented his claim by email 88 seconds late was too late to proceed.

The ET has discretion to extend the time for presenting a claim. Generally this arises if the ET is satisfied that it was not reasonably practical to present the claim form in time. In addition the employee must then have submitted the form within such further period as the ET considers reasonable. …