Time limits

Case 14: The facts

Mr Theobald issued a tribunal claim for unfair dismissal, but not until 13 days after the usual three-month time limit had expired.

He argued that the tribunal should accept the claim out of time because it had not been reasonably practicable for him to present it within time: he had been wrongly informed by the Citizens Advice Bureau (CAB) that he had to wait for the outcome of his appeal before he could issue a claim.

The ruling

If a claimant has received wrong advice from a solicitor in respect of time limits, s/he cannot use this as a reason to extend them (although s/he could sue the solicitor). However, the Employment Appeal Tribunal (EAT) said that, because a CAB advisor is not representing the claimant in the same way but is just providing general advice, a claimant can rely on wrong information from a CAB advisor as a reason for it not to have been reasonably practicable to issue a claim in time.

However, Theobald's appeal result had been given two days before the end of the three-month tribunal deadline, and Theobald had downloaded a claim form during that time. The EAT held that it was therefore reasonably practicable for him to have submitted the claim in time - and, in any event, there was no explanation as to why he submitted it more than two weeks later. His claim was not allowed.

Royal Bank of Scotland v Theobald EAT/0444/06