Re Employment TribunalI submitted a claim for unfair constructive dismissal on 5th January 2012 by email. The claim was accepted and a hearing date of 1 May 2012 was set. Case Management Orders were also set. I have complied with all these and on or before deadline. I have reported the Respondent to the Tribunal on two occasions for failure to comply with Case Management Orders.I am representing myself and as you may imagine it has been no small task to complete forms and tasks. However, I received a letter from the Tribunal on Saturday stating that the Respondent has raised an issue of whether my application for unfair constructive dismissal had been submitted outside the time limit. This will be considered as one of the issues at the hearing listed for 1 May 2012. I submitted my constructive dismissal letter on 5th Oct 2011 and understood the time limit was 3 months - is this not the case? In fact as I had been paid up to the end of Oct 2011 I assumed I was within time! I have been asked to be prepared to deal with this question at the hearing - am I wasting my time?
System of Law: England-and-Wales
Hello and thank you for your question, which I will be happy to assist you with. So to confirm - you resigned with immediate effect on 5 October 2011?
Yes I did. It was a Wednesday and a day I didn't work - so my husband delivered my resignation by hand. My contract was for working Thursday & Friday
The time limit for making a claim is indeed 3 months, although that time starts running from the actual date you resigned, so in reality the claim should be submitted within 3 months, less a day. Therefore, if you had resigned on the 5 October with immediate effect, your claim should have been submitted by 4 January 2012. So there is an argument that you are a day out of time. That means the ET dopes have the power to strike out your claim if they believe you have not submitted in time and they refuse to give an extension.
Have I got any chance of getting them to give an extension?
very difficult to predict as it depends on the judge on the particular day and also the circumstances surrounding this. All you can do is still go ahead and see what they say
I know it's difficult to second guess the judge but what sort of circumstances would be considered?. Also,why would the Tribunal accept my case in the first place then?
such matters may sometimes be overlooked at the initial stages, especially when it is only a day's difference. However the fact that it has been accepted does not mean it can't be struck out at a later stage. Usually extensions are given for unforeseen circumstances, such as if you were ill or if you had received negligent advice.
Ok thanks for that. Just one more thing. I have a witness statement from a colleague (we worked for a small clinic and were the only two PAYE employees). Does she need to come with me to the Tribunal - she is very nervous and intimidated by our former boss.Thanks very much for your advice.
she doesn't, but if that is the case then her evidence will only be given limited weight because she won't be there to clarify anything or be cross examined
OK thank you very much.
Specialist in UK Law with expertise in UK Employment Law
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