Further Information Received Permitted Extension of Time

In Cambridge & Peterborough Foundations NHS Trust (the "Trust") v Crouchman [2009] UKEAT/0108/09 the Employment Appeal Tribunal (EAT) held that Mr Crouchman's claim could proceed despite being presented after the expiry of the time limit for bringing a claim for unfair dismissal.

Mr Crouchman, a psychiatric nurse, was dismissed by the Trust for misconduct. Two days before the three month time limit for bringing an unfair dismissal claim expired, he was informed verbally that his internal appeal against his dismissal had been unsuccessful and that all his arguments had been rejected. As such, he thought that presenting a claim for unfair dismissal would be "hopeless". However, after receiving the written decision from the Trust after the time limit for bringing a claim had expired, he decided to bring a claim since four of the five charges that had originally been found proven against him were dismissed by the appeal panel. Mr Crouchman therefore presented a claim that day. It was held by the Employment Tribunal that it was not reasonably practicable for Mr Crouchman to have presented the claim until he had received the written decision from the Trust as that was the information he should have originally been given. The Tribunal therefore extended time to allow the claim to proceed.

The Trust appealed this decision and argued that although Mr Crouchman was entitled to wait until the end of the appeal process, he knew all that he had needed to know to present a claim once he knew of the verbal decision. The EAT dismissed the appeal and remitted the matter to the Employment Tribunal for a full hearing.