[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]
	United Kingdom Employment Appeal Tribunal
You are here: BAILII >> Databases >> United Kingdom Employment Appeal Tribunal >> Myers v T & S Stores Plc [1998] UKEAT 995_98_0112 (1 December 1998) URL: http://www.bailii.org/uk/cases/UKEAT/1998/995_98_0112.html Cite as: [1998] UKEAT 995_98_0112, [1998] UKEAT 995_98_112

[New search] [Printable RTF version] [Help]

APPEARANCES

 

For the Appellant	THE APPELLANT IN PERSON


 


JUDGE PUGSLEY: This is a case where we have to decide whether or not there is an arguable ground of appeal,

Mrs Myers worked for a number of year for T & S Stores Plc. She was employed as a sales assistant and either by that company or its predecessor she had been employed there for 29 years. We therefore want to say that we fully understand her feelings, and we hope that she appreciates that we do. The difficulty is quite simply this she left the employment of the Company in July 1997. Her employment terminated on 8th August 1997.

Mrs Myers went and discussed it with the Union. We are not trying any action between her union, but on the basis of what she says, she was told that she could not bring any action. She also, it seems, went to the Job Centre later in 1997 and to the Citizens Advice Bureau, though I think it would be fair to say, it was really the union's advice she was acting on. She was confused and no doubt after length of time she was upset as well. She consulted solicitors in 1998 and they told her that she was incorrectly advised. By 7th April 1998 she put her Originating Application in. It common ground that having left in August 1997 that she should have put in her application in not later 7th November 1997, and she was some five months out of time when it is registered. Now there is a rigorous time limit in s.111 of the Employment Rights Act 1996, that it has to be done within three months or within such further period as the tribunal considers reasonable. The tribunal considered the well-known cases of Syed v Ford Motor Con Limited [1979] IRLR 335, Riley v Tesco Stores Ltd [1980] ICR 323 and a reference to the Court of Appeal decision in Debenham v British Building & Engineering Appliances [1974] ICR 53. In that case the then Master of the Rolls, Lord Denning, made it clear that:

"If a man engages skilled advisers to act for him and they mistake the time limit and present the application too late - he is out. His remedy is against them."

The tribunal went on to say that they were satisfied that Mrs Myers had an opportunity to register a complaint and it was reasonably practicable to do so before 7th November 1997.

Unhappily, we cannot see anyway that there is an arguable ground of law. We have thought about it. We have very great sympathy for Mrs Myers because, I am sure she appreciates, we are mindful that you do not lightly kiss goodbye to a job after nearly 30 years and it was obviously a considered decision, but nevertheless, we really cannot say that there is an arguable ground of law and it would be wrong and a false kindness so to do.

There is just one matter we want to add and it is this. Mrs Myers has said to us that the business now is believed to be sold and she is kindly included a letter which suggests that it has been sold and the take over was from the end of July. We regret that we cannot help her. That was almost a year later. In our view there is no arguable issue of law and we dismiss her appeal.