Internal Appeal Ending On Last Day Did Not Prevent 3 Month Extension

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The case of Ashcroft v Haberdashers before Judge Burton of the EAT has supported workers who found that an internal appeal decided on the last day of the 3 months left no time to make a tribunal application.
This is because since Regulation 15 of the 2004 Regulations was introduced, an internal appeal is no longer immaterial to the reasonable practicability defence, if it means there is no time left between the result of the internal appeal and the expiry of the 3 months.
The similar case of Royal Bank of Scotland v Bevan can be found: here
The full transcript of this case can be found: here

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Lawyers routinely use the threat of high costs to intimidate workers into giving up their claims at an early stage in a case. Apart from the psychological impact on claimants, this tactic often works and workers do withdraw their claims. Those representing workers' interests need to bring political pressure to bear to end this. As is the case in the Small Claims Court, the use of legal professionals in employment tribunals should not be encouraged .

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© Workrep 10 / 01 / 2008

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