Employment Appeal Tribunal
Appeal against refusal of an application for an extension of time in which to appeal against dismissal of appellant's claim for unfair dismissal on the ground of want of jurisdiction through appellant not having worked for at least eight hours a week. Two years elapsed before R v Secretary of State for Employment, ex parte Equal Opportunities Commission (1994) 1 All ER 910 [FN 1], summarised below, decided that the threshold condition for such claims was contrary to Community law. HELD: The principle that time did not start to run until UK legislation amended its state law to adopt Community law applied only to the commencement of proceedings – Emmott v Minister for Social Welfare and Attorney General (1991) IRLR 387 [FN 2]. It did not apply to the time limits for appealing decisions. The existing time limits for appeals did not violate or conflict with Community law. The decision which appellant sought to appeal had been made in conformity with UK law at the time. Appellant had not appealed within the time limit. The law was always subject to change and appellant had not raised any of the arguments in the Equal Opportunities Commission case at the hearing.
Appeal dismissed.
[1995] ICR 799
The ‘capable, efficient, and helpful’ clerks’ room provides ‘a service-orientated approach and goes above and beyond in trying to ensure you have the right barrister for the job ; you have the utmost confidence in the clerking.”
‘an extremely approachable set of chambers which puts a premium on service delivery.’
Old Square Chambers is delighted to announce that it has again been ranked as a top band set in the…
Old Square’s Nadia Motraghi is acting for the BMA in its judicial review of these controversial Regulations which impose a…
View MoreWilliam Meade (Senior Clerk)
or
Graham Smith (Deputy Senior Clerk)
