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Employment tribunal – Procedure. The employment tribunal had dismissed a claim for, amongst other things, unfair dismissal, by the employee teacher against a local authority and the interim executive board of the school (the board) where the employee had worked. The tribunal had dismissed the claim against the authority on jurisdictional grounds on the basis that the correct respondent had been the board. It had further dismissed the claim against the board as it had been out of time. The Employment Appeal Tribunal, in allowing the employee's appeal, held that: (i) the time limit had been a factor in the court's discretion, rather than an automatic bar; and (ii) it could not be said that the authority had definitely not been liable.
Employment tribunal – Procedure. The employment tribunal had dismissed a claim for, amongst other things, unfair dismissal, by the employee teacher against a local authority and the interim executive board of the school (the board) where the employee had worked. The tribunal had dismissed the claim against the authority on jurisdictional grounds on the basis that the correct respondent had been the board. It had further dismissed the claim against the board as it had been out of time. The Employment Appeal Tribunal, in allowing the employee's appeal, held that: (i) the time limit had been a factor in the court's discretion, rather than an automatic bar; and (ii) it could not be said that the authority had definitely not been liable.
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