Employment Cases Update

Wray v Jewish Care UKEAT/0193/18/JOJ

Date published: 24/04/2019

Appeal against the ET’s decision that the Claimant’s claims for unfair dismissal and breach of contract against the Respondent had been presented out of time. Appeal dismissed.

The Claimant worked for the Respondent, until his employment came to an end in circumstances of alleged gross misconduct. The Claimant was not given pay in lieu of notice (which was the subject of his claim in contract), and he asserted that his dismissal was unfair. He delayed presenting his claims, when he became aware of the abolition of the fees regime, but the ET ruled that he had failed to establish that it was not reasonably practicable for him to present his claims in time. The Claimant appealed.

The EAT held that the ET did not err in concluding that the Claimant had access to advice, had sufficient funds to pay the fee to lodge his claims, and could reasonably have been expected to have been aware of the time limits for presenting his claims.

Employment Claims without a Lawyer 2nd edition published March 2018

Read the full text of the judgment on BAILII or download the file by clicking the link below.