Time limits

Case 1: The facts

Both these appeals raised issues about whether the extension to the time limits for submitting a tribunal claim, enabling individuals to comply with the statutory dispute resolution procedures first, has removed tribunals' discretion to extend the time limit in certain cases.

Dawn Cann's claim had initially been rejected because it contained insufficient details. When it was resubmitted, her disability discrimination claim was allowed but her claim for constructive dismissal was not, because the tribunal held that her resignation letter did not amount to a statutory grievance.

Samantha Spillett submitted a disability discrimination claim after the usual three-month time limit, and later applied to amend it and add a constructive dismissal claim. A tribunal said the claim was out of time and refused permission to amend it.

The ruling

The Employment Appeal Tribunal held that the new statutory provisions do not remove tribunals' discretion to extend the time limit under existing legislation. It said that, if Parliament had intended to restrict this discretion with the introduction of the Employment Act 2002, it would have said so.

Spillet v Tesco Stores Ltd & BUPA Care Homes (BNH) Ltd v Cann UKEAT/0475/05 & UKEAT/0554/05 [2006] IRLR 248