Labour & European Law Review
28 July 2011
One of the government’s aims in its equality strategy which it published at the end of last year, was to work with business to develop a fairer and “more flexible” labour market that draws on the talents of all workers.
Once a claimant has won their case, the Tribunal then has to assess their compensation. In Wardle v Credit Agricole Corporate and Investment Bank, the Court of Appeal said that Tribunals should only assess the loss suffered by the claimant up to the point when they would be likely to obtain an equivalent job, even though that would involve a considerable degree of speculation.
The three month time limit for unfair dismissal claims can only be extended if a Tribunal is satisfied that it was not reasonably practicable for it to be presented beforehand. In John Lewis Partnership v Charman, the Employment Appeal Tribunal (EAT) said that it was not reasonably practicable for a claimant to present the claim in time when he did not know about the time limit, had decided to wait for the outcome of an internal appeal but then lodged his claim very soon afterwards.