We all know how important it is to meet deadlines, but the Employment Appeals Tribunal in the very recent case of Beasley v National Grid Electricity Transmissions [UKEAT/0626/06/DM] have held that only being seconds late in filing a claim is too late.
The Claimant knew he had to file his unfair dismissal claim before the end of 6 May. At 23:44 on 6 May he filed his claim by email, but sent it to the wrong address. The claim form was returned to him and he sent a test message to the correct email address at 23:57 on 6 May. The Claimant then re-sent the form to the correct address and it was received by the Tribunal at 00.01 and 28 seconds on 7 May.
The Tribunal held that the claim was out of time, and dismissed the application. The Claimant appealed and the Employment Appeals Tribunal held that it was ‘reasonably practicable’ for the Claimant to have filed his claim on time. The Employment Appeals Tribunal upheld the Tribunal decision, even though filing the claim late did not cause any prejudice to the other side. They stated that Tribunals must stick to the time limits prescribed by section 111 (2) of the Employment Rights Act 1996 even where it is only 88 seconds late.