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Time limits: Not reasonably practicable to bring claim in time due to fraudulent misrepresentation

This report relates to 1 case(s)

In Post Office v Sanhotra 1.11.99 EAT 1374/98, the EAT holds that if an employee is induced to resign by a fraudulent misrepresentation by the employer, it is at least arguable that it was the employer who really terminated the employment. Accordingly, an employment tribunal would be entitled to find that it was not reasonably practicable for an employee to present his unfair dismissal complaint within the statutory three-month time limit, as it did not become apparent until after the time limit had expired that his employer's alleged promise of a satisfactory reference if he resigned was a misrepresentation and that he had probably been dismissed.