The case of Fergusson v. Combat Stress emphasises the importance of exercising extreme caution over limitation dates.

Background

ACAS early conciliation of a month can be added on to the usual time limit for bringing claims.

However, in this case, conciliation started before dismissal had taken place, by 28 of the 31 days in question. The Claimant brought their claim within 3 months plus the 31 days after their dismissal, but the Employment Judge in a Scottish Tribunal held that the early conciliation which took place before the dismissal did not count towards the 31 days. This put the claim a long out of time.

Implications

Callers to Springhouse offices will know that we will not usually wish to get involved in advising on limitation dates until we have had a proper consultation. Time limits are fraught with difficulties and careful consideration is often required in order to get this right. Getting it wrong can mean losing the claim on a technicality.

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Updates: For employers: Tribunals | For employees: Tribunals |
Tagged with: Employment Tribunals |

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