Brief summary
Rule 8(1) of the Employment Tribunals (Constitution & Rules etc) Regs 2004
8(2) Evidence no response has been presented to the employment tribunal office within the relevant rule time limit.
Apply for a default judgement within rule 8(3) which deals with both liability and remedy.
Constructive Dismissal Grounds
Fairbrother v Abbey National plc [2007] IRLR 320 EAT obligation to ascertain:
1.What the conduct of the employer complained of is,
2.Consider whether the employer had reasonable and proper calls for the conduct including consideration of whether it its actions was within the range of reasonable responses and if not
3.Was the conduct complained of calculating to destroy or seriously damaged the employer/employee relationship of trust and confidence.
Reasonable band of responses as held in Iceland Frozen Foods Ltd v Jones [1982] IRLR 439 and Foley v Post Office; HSBC Bank plc v Madden [2000] IRLR 827 CA.
Section 123 of the Equality Act 2011: Discretion to extend time for submission of the ET1 when it is just and equitable to do so.
Dedman v British Building and Engineering Appliances Ltd [1974] ICR 53 which states that a liberal interpretation in favour of the employee should be adopted by the tribunal.
British Coal Corporation v Keeble [1997] IRLR 336 as referred to by Judge McMullen QC in Chohan v Derby Law Centre [2004] IRLR 685 which states that the availability of legal advice is a relevant question, to decide when considering whether it is just and equitable to extend the time limit for submission.
In Berry v Ravensbourne National Health Service Trust [1993] ICR 871, it was held that where an unfair dismissal claim was followed by a claim of race discrimination 8 months later, as the facts overlapped it was just and equitable in the circumstances for the time for submission of the race discrimination claim to be extended.
Virdi v Commissioner of Police of the Metropolis [2007] IRLR 24 it was held that the fault of a solicitor will be a “highly material” factor in deciding whether to extend time on a just and equitable basis to allow a complaint of discrimination to proceed out of time.
Contact us 0800 019 7073 – Direct Access Barristers / Public Access Barristers – Employment Law Barristers – www.EmploymentBarristers.org
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