The Appellant appealed against a decision that her claim of Unfair Dismissal and a disability discrimination claim had been brought out of time. The effective date of termination was 7 July, the date the termination was communicated to her, and the Judge held that it was reasonably practicable for the Appellant to bring the claim in time.

With regards to the disability discrimination claim, the judge held that that it also had been presented out of time and that there was no satisfactory explanation as to the lateness. The Appellant submitted that the judge had erred in deciding against her as he had failed to take into account that the delay was caused by her solicitor and not her. The Appeal was allowed in part.

The Employment Appeal Tribunal agreed with initial Tribunal and held that the Unfair Dismissal date was not effective until the employee knows of it or has had a reasonable opportunity to do so. Therefore the effective date of termination stood at 7 July and the claim was brought out of time. 30 However, the Employment Appeals Tribunal disagreed with the Tribunal. It was established in Commissioner of police of the Metropolis v Virdi [2006] that it is reasonable to extend time limits where a claimant puts themselves in the hands of an experienced solicitor or representative.

The Employment Appeals Tribunal therefore extended the time limit and it was considered to be on time. http://bit.ly/192pEGv