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Employment Tribunal Out of Time, help needed to Appeal


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I submitte 2 ET 1's for Age/sex discrimination and Unfair Dismissal on the 31.7.2008, my last day of employment was on the 30.4.2008. I had a 5 day Hearing earlier this year and if I have grounds to Appeal, I will need to try and get the 'Out of Time' to be accepted. I misunderstood how the 3 months was calculated and forgot that April only has 30 days, but I was awaiting information and support from my Union (this arrived 30.7.2008). I believe that there were some changes which were made between the date my ET 1's were submitted and the Hearing took place and I recall that more time may have been allowed, do you know about this or could you direct me to where the information may be found? Thanks

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Moved to Employment Forum

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I am sorry but this does not make a lot of sense. I am unclear how you had a five day hearing if your application has been ruled out of time (which it was).


I am afraid that none of the reasons you have supplied are grounds for overturning a ruling that an application is out of time. Ignorance of the time-limit, waiting for information, and miscalculation will simply not be accepted as grounds to appeal such a ruling - there is very little that is accepted.


Why did your union not support / submit the ET1, or advise you on when it had to be submitted by?


Discrimination claims have a longer time limit (a total of six months) but only where no dismissal has taken place, which in this case appears to be the case. But you need to clarify what you are saying because it isn't clear what has happened.


I am a barrister specialising in employment law, and only represent employees. My advice on employment issues is advice - not legal opinion - and is based only on the facts you provide. If you want an accurate assessment of your case and prospects, you should get legal opinion from a lawyer - not a public forum. Anything I tell you is for guidance only, and is based on my experience of the law in the context of what details you provide.


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  • 9 months later...


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I am just letting you know that as you haven't had any replies to your post yet, it might be better if you post your message again in an appropriate sub-forum. You will get lots of help there.


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It can be bit confusing at first.

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