A recent Employment Appeals Tribunal (EAT) case has highlighted the importance of seeking qualified legal advice when pursuing a tribunal claim.

In the case of Wright v Wolverhampton City Council, Mrs Wright brought claims of racial and sexual discrimination against her employers. Unbeknownst to her, the time limits for her claims had expired on January 12th 2007 and February the 12th respectively – Mrs Wright did not actually submit her claim until April 23rd, following the “unreliable advice” of her trade union solicitor. She did not hear back from the tribunal, and, on further advice from the same unreliable source, did not investigate the matter further until July 8th 2007, when she eventually learned that the tribunal had not received her submission. Upon hearing this, she faxed the details of her claim to the tribunal that day.

An employment judge dismissed the claims on the grounds that Mrs Wright was out of time. She determined that it would have been fair to have extended the time limit to the 23rd of April, but she was not satisfied by the reasons for the delay beyond that point. Mrs Wright subsequently appealed.

The EAT upheld her appeal, ruling that Mrs Wright had acted reasonably and in good faith given the advice that she had received. She had not been told how the tribunal would acknowledge her claim, and, as soon as she had realised her mistake, she had acted swiftly to remedy the situation. Also, weight was given to the fact that she was a litigant in person, and could not be expected to have the systems or knowledge to pursue the matter that a professional would have.

The original judge’s decision was also ruled to be illogical, as the reason for the delay up until April 23rd was the same as the reason for the further delay after that point – namely, the unreliable advice that Mrs Wright had received.

The tribunal’s decision was therefore overturned by the EAT, and Mrs Wright had her time extended so that she could proceed with her claim.

All of which goes to show how important it is to seek expert legal advice if you are considering bringing a claim against your employer under UK employment law. Ashby Cohen are specialist UK employment law solicitors who offer a free initial telephone consultation where your case can be evaluated with no obligation or charge.

Technorati Tags: Case Time Limits, EAT, Employment Tribunal