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Employment tribunal – Practice. The employment tribunal had accepted the employer's limitation application but indicated that, even if the employee's complaints were out of time, it would extend time under the just and equitable escape clause for all claims. The Employment Appeal Tribunal, in allowing the employer's appeal, held that, instead of considering first whether the claims had been in time as part of a continuing state of affairs, the tribunal had jumped straight to the just and equitable escape clause without hearing full submissions from the parties' representatives. There was, therefore, procedural irregularity and, accordingly, the limitation issue would be remitted to the same tribunal for re-hearing.
Employment tribunal – Practice. The employment tribunal had accepted the employer's limitation application but indicated that, even if the employee's complaints were out of time, it would extend time under the just and equitable escape clause for all claims. The Employment Appeal Tribunal, in allowing the employer's appeal, held that, instead of considering first whether the claims had been in time as part of a continuing state of affairs, the tribunal had jumped straight to the just and equitable escape clause without hearing full submissions from the parties' representatives. There was, therefore, procedural irregularity and, accordingly, the limitation issue would be remitted to the same tribunal for re-hearing.
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