Employment Cases Update

Lowri Beck Services Ltd v Brophy UKEAT/0277/18/LA

Date published: 21/06/2019

Appeal against the ET’s decision extending time for the presentation of the Claimant’s claims of unfair and wrongful dismissal and of disability discrimination. Appeal dismissed.

The Claimant, who has dyslexia, worked for the Respondent until he was dismissed for gross misconduct. The Claimant's brother, who is not legally qualified, helped the Claimant to bring proceedings for unfair and wrongful dismissal and disability discrimination but, as a result of a misunderstanding regarding the effective date of termination, submitted the claim form out of time. The ET extended time in relation to the disability discrimination claim, where a wide discretion exists; it also extended time for the unfair and wrongful dismissal claims, given that the Claimant was a vulnerable individual and his brother's mistake arose from an error of fact rather than law. The Respondent appealed.

The EAT held that there was no proper basis to interfere with the ET decision, and the appeal would be dismissed.

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.