Luton Borough Council v Haque

UKEAT/180/17

Case details

Case citations
[2018] UKEAT 0180_17_1204 · [2018] ICR 1388 · [2018] WLR(D) 305
Court
Employment Appeal Tribunal
Judgment date
12 April 2018
Judgment text

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Subjects
Employment law - limitation periods - early conciliation Employment law - unfair dismissal - time limits Practice and procedure - preliminary issues
Keywords
limitation period early conciliation section 207B Employment Rights Act 1996 time extension ACAS certificate sequential application statutory construction
Outcome
appeal dismissed
Judicial consideration

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Summary

It is not correct to treat subsection 207B(4) as creating an alternative limitation period that displaces subsection 207B(3).

Instead, subsection 207B(3) applies first to modify the expiry date of the relevant limitation period by excluding the conciliation period, and subsection 207B(4) then applies, where triggered, to extend that modified expiry so the claimant has at least one month from the end of conciliation to present a claim.

Factual background

The claimant was summarily dismissed and contacted ACAS within the three‑month period. The case raised the construction of section 207B of the Employment Rights Act 1996, which provides for extension of time limits to facilitate early conciliation. The employment tribunal held the claims were in time. The respondent employer appealed, arguing that subsection 207B(4) should be applied to the original unmodified time limit and thus cut down the period available. The appeal proceeded to the Employment Appeal Tribunal, which had to decide whether subsections 207B(3) and (4) operate sequentially or provide alternative limitation periods.

Held

(1) The appeal is dismissed. The tribunal's construction of section 207B of the Employment Rights Act 1996 was correct and the claims were presented in time. (2) Subsection 207B(3) is the general rule for computing expiry dates: the period from the day after contact with ACAS (Day A) to the certificate date (Day B) is excluded when working out expiry. (3) Subsection 207B(4) applies subsequently, and only where, after applying subsection (3), the expiry would fall within the period beginning with Day A and ending one month after Day B. In that event subsection (4) moves the expiry to one month after Day B. (4) There is therefore one applicable limitation period determined by the combined operation of section 111 and section 207B; there is no separate 'original' time limit for the purposes of subsection 207B(4). (5) The statutory scheme reflects Parliament's intention to prevent claimants being disadvantaged by time spent in early conciliation and to ensure at least one month after conciliation in which to present proceedings. (6) No ambiguity requiring reference to Hansard was found and earlier tribunal or commentator views inconsistent with this construction were not followed. (See paras [19]–[19.6]; [29]; [33]–[38].)

Appellate history

  • Employment Appeal Tribunal: Appeal from Watford Employment Tribunal (preliminary hearing). Appeal dismissed. Judgment handed down 12 April 2018.
  • Watford Employment Tribunal: Preliminary Hearing held 12 January 2017. Tribunal found claims were presented in time and allowed progression to a final hearing; judgment and reasons issued 15 April 2017.

Key cases cited

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