& Ors
At the Tribunal | |
Before
SIR CHRISTOPHER BELLAMY QC
MR T C THOMAS CBE
MR G H WRIGHT MBE
APPELLANT | |
RESPONDENT |
Transcript of Proceedings
JUDGMENT
PRELIMINARY HEARING
For the Appellant | MS J SWANN (of Counsel) Appearing under the Employment Law Appeal Advice Scheme |
SIR CHRISTOPHER BELLAMY QC
"I still don't know how I am affected by pay and share awards for 1998 and up to 5.3.99"
- 5.3.99 being the date of termination. She concedes that this issue of share awards is not expressly mentioned in the IT1 that commenced those first proceedings, which is at pages 23 and 24 of the bundle, but says that nonetheless it was plainly within the four corners of that previous case, and that the Tribunal was wrong at paragraph 9 to effectively conclude that the issue of the share award had not been before the Tribunal in the previous proceedings.
"the performance of this act, in this case the presentation of a complaint, is not reasonably practicable if there is some impediment which reasonably prevents or interferes with or inhibits such performance. That impediment may be physical, for instance the illness of the complainant or a postal strike: or the impediment may be mental, namely the state of mind of the complainant in the form of ignorance or of mistaken belief with regard to the essential matters. Such states of mind can however only be regarded as impediments making it not reasonably practicable to present a complaint within the period of three months if the ignorance on the one hand, or the mistaken belief on the other, is itself reasonable. Either state of mind will, further, not be reasonable if it arises from the fault of the complainant in not making such enquiries as he should reasonably in all the circumstances have made …."