Claimant whose ET1 was presented 88 seconds too late applies for leave to appeal to the Court of Appeal

In Beasley v National Grid [2008] EWCA Civ 50 Wall LJ held that a three-judge Court of Appeal should consider an employee's application for leave to appeal against the finding of a tribunal chairman, that the tribunal did not have jurisdiction to hear his unfair dismissal claim as it had been presented 88 seconds after the three-month time limit had expired.

Wall LJ considered that it was arguable that, in extreme cases such as this, a claimant was entitled to a full and proper explanation of why their claim was not being allowed to proceed. He also thought it arguable that the chairman in this case had not provided such an explanation and had not taken all the facts properly into account when reaching her decision.