Internal appeal process continuing past 3 month deadline

The statutory test that must be satisfied in order to bring an employment tribunal claim after 3 months from the effective date of termination (EDT) is that it was “not reasonably practicable” to do so.

The fact that an employee is pursuing an internal appeal does not, of itself, mean that it is not reasonably practicable for the employee to submit an employment tribunal claim within 3 months of the EDT, even if this means submitting the employment tribunal claim before the appeal has been concluded.

An application to extend the time limit for bringing an employment tribunal claim cannot be made preemptively i.e. before the 3 month deadline expires. Therefore, it would be advisable to file an employment claim at tribunal within the deadline, as opposed to making an after-the-event application – with no guarantee of success.

If an employee’s internal process is pending, it is advisable to request a stay of proceedings i.e. the claim be frozen, until completion of the internal appeal procedure.

Dion McCarthy, Litigation & Employment Solicitor Advocate

dmccarthy@astonbond.co.uk

Our Solicitors in Slough can be contacted by calling 01753 486 777 or emailinginfo@astonbond.co.uk. Alternatively, you can visit our offices at 135 High Street, Slough, Berkshire, SL1 1DN.