Time Extension for Unfair Dismissal Claims

The Court of Appeal held in Towergate London Market Limited v Harris [2008] EWCA Civ 433 that despite the expiration of the three month time limit for bringing an unfair dismissal claim, Mrs Harris was entitled to a three month extension of time under regulation 15(2) of the Employment Act 2002 (Dispute Resolution) Regulations 2004 as she reasonably believed that a dismissal procedure was ongoing. As a result, her claim for unfair dismissal was presented on time.

Mrs Harris was employed by Towergate London Market Limited (TLM). She was subsequently dismissed for redundancy and informed by TLM that she had seven days to appeal against her dismissal. Mrs Harris decided not to appeal. However, on the advice of her trade union, she wrote a letter to TLM raising a ‘formal grievance'. TLM's response was that it was not obliged to deal with her grievance as she had already been dismissed. Following this, Mrs Harris commenced tribunal proceedings for unfair dismissal more than two months after the expiration of the usual time limit for bringing such a claim.

The Court of Appeal found that when considering whether to apply the time extension in regulation 15(2), the employment tribunal should ask whether, on the date the usual three month time limit expired, the employee believed a dismissal or disciplinary procedure (statutory or otherwise) was ongoing, and if so, whether this belief was reasonable. Mrs Harris reasonably believed that an ongoing dismissal procedure was taking place and so her claim was held to be presented on time.