Time Limits: Extension of Time

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In the recent case of  DHL Supply Chain v Fazackerley the EAT permitted a Claimant to submit a claim out of time on the basis that incorrect ACAS advice meant it was not "reasonably practicable" to do so within the statutory deadline. This upholds the findings of the ET.

Whilst the decision would almost certainly have been different if the incorrect advice had been given by a solicitor or other "skilled" adviser, ACAS officers are not treated in the same way. Given the backlog of cases the Tribunal are now processing (due to the increase in claims after the repeal of Tribunal fees), this decision means HR departments may have to wait even longer following a dismissal before finding out their ex employee has brought a claim

Source: Daniel Barnett

For further advice on tribunal claims, please contact the Starford team on 01342 347063 or email julie.jones@starfordlegalhr.com