Time limits

Case 11: The facts

Mr Chouafi submitted unfair dismissal and disability discrimination claims three months outside the time limit for doing so. He suffered from severe depression and had been hospitalised for part of that time, but there was no evidence of his medical condition after his discharge.

A tribunal refused to admit his claims out of time. A major factor in its decision was his failure to attend the hearing to give evidence.

The ruling

The Court of Appeal upheld the tribunal's decision. Like the Employment Appeal Tribunal before it (see Workplace Report, December 2005), the court found no evidence that it had not been reasonably practicable for Chouafi to submit the claims in time, or that it was just and equitable to extend the time limit. It was for him to provide such evidence, and he had not done so.

Chouafi v London United Busways [2006] EWCA Civ 689