Biggart Baillie Solicitors

Unfair Dismissal - Extending the Time Limit

12th May 2008

HARRIS v TOWERGATE LONDON MARKET LIMITED
[2008] EWCA Civ 433

Mrs Harris claimed unfair dismissal as she believed she had been unfairly selected for redundancy.  She raised a grievance outlining “unfair and inaccurate” assessment criteria used in the redundancy process.  Towergate did not accept the letter as an appeal against the dismissal and refused to deal with the grievance letter, as they no longer employed her.  Mrs Harris lodged her unfair dismissal claim outside the 3 month time limit, but argued that the time limit had been extended due to the lodging of her grievance letter and was not, therefore, time-barred. 

The Court of Appeal stated that there were two critical questions in this case.  Firstly, whether the employee believed there was an ongoing procedure enabling her to challenge her dismissal and secondly, whether the employee had reasonable grounds for such a belief.  The focus should not be on the issue of whether the employee’s letter was an appeal or a grievance.  Consequently, it was held that the EAT were entitled to find that the requirements of Regulation 15 (2) of the Employment Act 2002 (Dispute Resolution) Regulations 2004 (stating that if the employee believed there was ongoing dismissal or disciplinary procedure, the time limit was extended by a further three months) had been met and to remit the matter to a tribunal hearing on Mrs Harris’ unfair dismissal claim.