Time limits

Case 7: The facts

Mrs Kauser was dismissed and arrested for suspected theft. She said she believed that she could not claim unfair dismissal until she knew whether she was to face criminal charges. Two days before the time limit for issuing a claim, the police told her they would not be bringing charges, but she did not issue a claim for another two weeks.

A tribunal found that it had not been reasonably practicable for Kauser to issue her claim in time, given her belief about the criminal charges and because the situation was stressful for her and her family. It allowed her claim to proceed.

The ruling

The Employment Appeal Tribunal held that it had been reasonably practicable for Kauser to issue her claim in time; the tribunal therefore had no discretion to extend the time limit. Kauser knew that she had the right to bring an unfair dismissal claim; even if she thought she could not submit it until after the police investigation, she knew of two places (Citizens Advice and the Employment Tribunals Service) where she could get information. She could therefore have found out about the time limits, and could have lodged her claim as soon as she knew that she would not face criminal charges. Her claim was not allowed to proceed.