Regulation 15 Considered in Complex Time Scale case
HM Prison Service v Barua
UKEAT/387/06
EAT
15 November 2006
Reported W/c 5 February 2007
Daily Law Notes Summary
Had the Claimant missed the deadline? The statutory time limits
to which regulation 15 of the Employment Act 2002 (Dispute
Resolution) Regulations 2004 referred were provisions concerned
with setting a date after which proceedings might not be brought
and were not as such concerned with prescribing a start date,
and, when regulation 15 referred to a grievance being lodged
"within" the normal time limit for the jurisdiction, the only
limit being referred to was the end of the period in question.
Accordingly, for the purposes of extending time under regulation
15, the requirement that the claimant should have lodged a
grievance "within that normal time limit" was to be read as
meaning only that it must have been lodged before the end of that
period, and the tribunal had jurisdiction to hear the claims.