Employment Tribunal Unfair Dismissal In The UK

 In Employment - Case Study

Employment Tribunal Unfair Dismissal – ML Solicitors Legal Advice; Has a former employee brought an employment tribunal claim against you for unfair dismissal from your organisation within the UK? Then you should make a no obligation call to the highly qualified and experienced legal professionals at Oakwood Solicitors as our dedicated team could work on your behalf to ensure the best possible outcome is achieved for you protect the best interests of your company by either providing outstanding legal representation at employment tribunal or assisting in alternative dispute resolution methods.

Pay and Benefits Magazine published an article on 1 November reporting on an unfair dismissal employment tribunal case.

The article says that the case in question was Williams v University Hospitals Bristol NHS Foundation Trust [2012] All ER (D) 44 (Sep) and the tribunal was to decide whether it had jurisdiction to hear an out of time claim for unfair dismissal.

It says "The employee commenced an unfair dismissal claim eight months after her dismissal. At the prehearing review with respect to the three month time limit the employment tribunal judge stated: "Time may only be extended if it was not reasonably practicable for the claim to be presented in time and in the claim must be presented within such further period as I consider reasonable"."

It further explains "The employee accepted that the first package with the correct test. In relation to the period after the three months had expired the judge stated: "If it was reasonably practicable to put the claim injury that period the mammoth dismissal claim. If I decide it was not reasonably practicable to put in a claim within that period I will strike it out if not submitted promptly as soon as it was possible to do so". Having considered the employee’s mental health the tribunal considers that the appropriate time for the employee to file a claim had been when she had been "sufficiently stable". Accordingly the tribunal held that it had jurisdiction to hear the claim."

Have you been threatened with employment tribunal action for unfair dismissal by a former employee of your business in the UK? Then don?t hesitate to call the employment and commercial law specialists at Oakwood Solicitors to discover more information about our outstanding litigation services or how we could assist your organisation in alternative dispute resolution to achieve a swift and cost-effective solution to the issue.

The above-mentioned article further informs us that "The worker was subsequently debarred from taking any further part in the appeal because she had failed to lodge an answer or comply with and unless order. The employer appealed to the Employment Appeal Tribunal (EAT)."

The article goes on to say that the issues were "whether the judge had failed to follow the correct test having set it out correctly in the first passage; and whether the judge had used the wrong test when he considered that the appropriate time to file a claim was whether the employee had been sufficiently stable."It adds that the "appeal would be dismissed".

The highly skilled professionals at Oakwood Solicitors could provide robust legal defence at an employment tribunal hearing if a former employee issues a claim against your organisation for unfair dismissal from your workplace within the UK; so to discuss our services and further depth call our helpful advisers today on: 0113 200 9720.


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