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Time limit: Solicitors' stringent duty to ensure compliance with time limit

This report relates to 1 case(s)

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    Camden & Islington Community Services NHS Trust v Kennedy [1996] IRLR 381 EAT (0 other reports)

A solicitor who posted a client's unfair dismissal complaint several days before expiry of the three-month time limit, but did not check whether the document had arrived at the tribunal office until a month after the time limit had expired, acted unreasonably, holds the EAT in Camden & Islington Community Services NHS Trust v Kennedy [1996] IRLR 381. Solicitors should understand the importance of strict compliance with the time limit, and should have a system whereby a check is made at or very close to the time when the application should have been acknowledged by the tribunal office. The industrial tribunal was wrong to hold that it had not been reasonably practicable in this case for the complaint, which did not arrive at the tribunal office after posting, to have been presented in time.

Ms Kennedy was employed by Camden & Islington Community Services NHS Trust.