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United Kingdom Employment Appeal Tribunal |
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You are here: BAILII >> Databases >> United Kingdom Employment Appeal Tribunal >> Coates v European School Of Economics [2003] UKEAT 1147_02_1202 (12 February 2003) URL: http://www.bailii.org/uk/cases/UKEAT/2003/1147_02_1202.html Cite as: [2003] UKEAT 1147_02_1202, [2003] UKEAT 1147_2_1202 |
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At the Tribunal | |
Before
HIS HONOUR JUDGE McMULLEN QC
LORD DAVIES OF COITY CBE
MR J C SHRIGLEY
APPELLANT | |
RESPONDENT |
Transcript of Proceedings
JUDGMENT
PRELIMINARY HEARING - EX PARTE
For the Appellant | NO APPEARANCE BY OR ON BEHALF OF APPELLANT |
JUDGE McMULLEN QC
The time limit point
(1) It rejected the evidence of the Applicant that she had done so on 23 May.
(2) It accepted her evidence that the post office at Chippenham is efficient and effective and that previously the Applicant had praised it.
(3) It found that the letter had been posted at 5.20 pm on 24 May by reference to the documentary material, principally the post stamp.
(4) The Originating Application had been received on 27 May at the Employment Tribunal which was within the normal expectation not only of the Applicant but of the postal system itself and by reference to the CPR.
"(3) If a complainant chooses to present a complaint by sending it by post, presentation will be assumed to have been affected, unless the contrary is proved, at the time when the letter would have been delivered in the ordinary course of post: see by analogy, section 7 of the Interpretation Act 1978.
(4) If the letter is sent by first class post, it is now legitimate to adapt the approach contained in CPR r6.7 and conclude that in the ordinary course of post it will be delivered on the second day after it was posted (excluding Sundays, bank holidays, Christmas Day and Good Friday, being days when post is not normally delivered).
(5) If the letter does not arrive at the time when it would be expected to arrive in the ordinary course of post, but is unexpectedly delayed, a tribunal may conclude that it was not reasonably practicable for the complaint to be presented within the prescribed period.
(6) If a form is date-stamped on a Monday by a tribunal office so as to be outside at three-month period which ends on the Saturday or Sunday, it will be open to a tribunal to find as a fact that it was posted by first class post not later than the Thursday and arrived on the Saturday, alternatively to extend time as a matter of discretion if satisfied that the letter was posted by first class post not later than the Thursday."
The amendment point