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Exclusions and qualifications: Jurisdiction to hear out-of-time complaint based on new grounds

This report relates to 1 case(s)

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    Marley (UK) Ltd and another v Anderson [1996] IRLR 163 CA (0 other reports)

The moment at which an employee first develops a belief in a right to complain of unfair dismissal, on any ground, does not fix for all time and for all purposes, including any grounds of complaint then still unknown but subsequently discovered, the point of time at which it became "reasonably practicable" for the employee to present a complaint, holds the Court of Appeal in Marley (UK) Ltd and another v Anderson [1996] IRLR 163. Where an industrial tribunal had no jurisdiction to hear an employee's complaint of unfair dismissal which was out of time insofar as it was based on one previously unknown fact, it did not follow that the tribunal also lacked jurisdiction to hear the complaint to the extent that it was founded on different grounds which the employee discovered later on. Whether it was reasonably practicable for the employee to present the complaint in time depended on his awareness of those specific grounds of complaint.