Labor law: time limits for the Employment Tribunal Claims

In the case of Chouafi v London United Busways Ltd [2005], the plaintiff was employed as a bus driver by the defendant company. In October 2003 he was diagnosed with severe depression and was outside working until February 2004. He was dismissed in January 2004 on the grounds of his illness, and complained to the Labor unfair dismissal and disability discrimination.

The Employment Rights Act 1996 provides that an employment tribunal did not test aComplaint for unfair dismissal if the court within three months after the effective date of termination of the employment front. But this three months period may be extended if the court believes that was in this case, it will not be presented to the Board reasonably within three months. There are similar provisions under the Disability Discrimination Act 1995.

The court ruled that: --

The complaint of unfair dismissal hadnot made within the three month period will, in accordance with s 111 of the Employment Rights Act 1996;

The complaint of disability discrimination had not been submitted within the three-month period, according to the paragraph 3 of Annex 3 of the Disability Discrimination Act 1995, and
Accordingly, the court has no jurisdiction to hear the claims.
The employee appealed to the Employment Appeal Tribunal ( "EAT") against the decision. The EAT held that: --

Decisionson whether a claim will be approved from time, for unfair dismissal or disability discrimination, were essentially questions of facts on which the court should decide on the evidence submitted by the parties;

The burden of proof was to show the plaintiff, was not it possible to bring an action within the three-month period;

If it fails, the applicant, the burden of proving his / her case would necessarily fail discharge;

In this case, theApplicant would not attend the meeting and provide further evidence about his mental health;
The court rightly ruled that the employee had failed to provide an adequate explanation for the filing of its complaint after the deadline;

The court would uphold the decision.

The plaintiff, the appeal was rejected.

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© RT Coopers, 2005. This briefing note does nota comprehensive or complete statement of the law on the issues discussed nor constitute legal advice. It will deal only with general issues. Specialist legal advice should always be sought in relation to the particular situation.

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