In Crofton v Yeboah Mummery LJ it ought only to succeed if an employee can show reasonable evidence. In Fishley v Working Men’ s College, upheld a decision of the Employment Tribunal that it had no jurisdiction to hear an application to the Employment Tribunal, which was presented 11 minutes late because of a breakdown in a printer. In Beasley v National Grid Electricity Transmission, the claimant appeal against unfair dismissal presented by e-mail 88 seconds outside the prescribed three-month period although the Claimant that the three month period expired on 5 May 2006.
Employment Tribunal held that it was “ reasonably practicable” to present the claim in time he misread the e-mail address of the place to which the claim form had to be sent. The claim form was returned to the Claimant, the Claimant then sent the claim form to the correct address so it was late. Employment Tribunal had considered the reasonable practicability that claims were brought in time and the impediments preventing him from bringing the claim within the prescribed three-month period. Here the delay is less than two minutes, which is “ reasonably practicable” .
However, in the light of the words of section 111(2) of 1996, the appeal must be dismissed. In this circumstance, it can be said that if the Court considers Ali’ s claim reasonably practicable though he was five minutes late. (4) Before moving on to the concept of fairness, first, it is necessary to consider the reason for dismissal. An employer has to show that it was potentially fair and the reasons clear of dismissal. Here there is a dual test that the employers' decision to dismiss fall with a “ band of reasonable responses” and whether or not the employer has adopted a fair procedure in relation to the employees' dismissal. In RS Components v Irwin an employee’ s refusal to sign up to a new contract containing a reasonable restraint, which had been held a potentially fair reason for dismissal.
Here Irwin was the employee would be dismissed if he did not sign a new agreement containing a 12-month non-solicitation of customer’ s clause.
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