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Sex discrimination: Feasible for part-timer to claim unfair dismissal in 1976

This report relates to 1 case(s)

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    Biggs v Somerset County Council [1996] IRLR 203 CA (1 other report)

    • Time limit on retrospective claims

      1 May 1996

      In Biggs v Somerset County Council (26 January 1996) EOR67A, the Court of Appeal holds that it was "reasonably practicable" for a part-time employee to have brought an unfair dismissal complaint within the requisite three months from her dismissal in 1976, notwithstanding that she was excluded under UK law by reason that she worked insufficient hours.

It was "reasonably practicable" for a part-time employee dismissed in 1976, who complained of unfair dismissal 18 years later, to have done so within three months of her dismissal, holds the Court of Appeal in Biggs v Somerset County Council 26.1.96 Court of Appeal. There had been no legal impediment preventing her from presenting a complaint, and arguing that the statutory hours threshold which disqualified her from doing so was - as the House of Lords subsequently held in R v Secretary of State for Employment ex parte Equal Opportunities Commission and another [1994] IRLR 176 - incompatible with Community law.