ELC are instructed to act for clients in some interesting and far reaching matters. One such instruction involved representing a client at an employment tribunal hearing following the dismissal of an employee. We were defending an employer in an application for constructive dismissal. The application made against our client had been lodged with the Tribunal several months late. Under employment legislation, applications for unfair dismissal must be made within 3 months of the employee leaving employment.
The applicant (that is what they were called then) claimed that he was mentally and physically unfit to submit the claim timeously – a claim that was contested. The preparatory work undertaken for the client involved researching the law on time limits and employees’ mental and physical capacity to lodge tribunal papers on time. The applicant had in fact been fit enough to apply for a number of jobs following his resignation including an application for re-employment with our client.
He had also commenced alternative employment but claimed that he was unable to submit a claim to the tribunal (involving considerably less 'red tape' than applying for jobs). Naturally against this background the applicant was cross-examined with favourable results. The applicant struggled to clarify key evidence and had selective memory regarding his activities during the months leading up to the employment tribunal.
The Chairman found in favour of our client. The principal reason for the decision was that the claim was time barred and the applicant had put forward insufficient reasons for the time delay, bringing a favourable end to the case. Using our expertise in the field we were able to centre on the material evidence relevant to the case to ensure a favourable outcome. Our client was able to avoid costly and protracted litigation by bringing the matter to a conclusion earlier than anticipated. |
