Nationwide Employment Lawyers
Legal enquiries and clients : 0333 242 3851
Get in Touch
Service Rating: Damian McCarthy 5 starts - Service Rate
  • About Us
    • Contact
    • Howell John
    • Damian McCarthy
    • Simon Armstrong
    • Case Studies
    • Employment Law News
  • Employee Services
    • Questionnaire
    • Contact
    • Locations
    • Dismissal
    • Whistleblowing Law
    • Discrimination
      • Sex discrimination
        • Maternity rights in employment
        • Pregnancy or maternity discrimination
        • Returning to work and flexible working
        • Health and safety for pregnant women in the workplace
        • Sexual Harassment
      • Disability discrimination
      • Race discrimination
    • Equal Pay
    • Bullying and Harassment
    • Family Friendly Rights
    • Disciplinary and grievance hearings
    • Contracts
    • Transfer of Undertakings
    • Agency workers and part time workers
    • Privacy at work
    • Constructive dismissal
    • Resignation letter templates
      • Constructive dismissal letter template
      • Standard notice resignation letter template:
      • Short or long notice request template
    • Health and Safety at Work
  • Locations
    • London – Berkeley Square
    • London – Canary Wharf
    • London – Croydon
    • London – Hammersmith
    • London – High Holborn
    • London – King’s Cross
    • London – Liverpool Street
    • London – London Bridge
    • London – Richmond
  • Case Studies
    • A v PWC
    • P v S (confidential)
    • Moira Stuart quits, reigniting BBC ageism row
    • Married HBOS bank manager propositioned by colleagues
  • News
  • FAQ
  • Contact



Fireman’s Unfair Dismissal Claim Defeated by Delay

In a reminder to all that, in employment cases, timing can be everything, a sacked fireman has had his compensation hopes dashed after he delayed too long before seeking professional advice and launching his unfair dismissal claim.

 

Fire enginesThe fireman had been summarily dismissed for alleged gross misconduct on 24 August 2012. That was his last day at work; however, he subsequently appealed and the finding against him was reduced to simple misconduct in January 2013. As he had already received a final written warning, his dismissal was nevertheless confirmed, although he was granted a payment in lieu of notice.

 

He subsequently lodged an unfair dismissal claim. However, an Employment Tribunal (ET) found that his effective date of dismissal was 24 August 2012. On that basis, he had launched his claim outside the three-month time limit which normally applies to employment cases and his claim was struck out for delay.

 

In rejecting his challenge to that decision, the Employment Appeal Tribunal pointed out that the man’s employer had explicitly stated that the date of his dismissal was 24 August 2012 and had given reasons for his dismissal in writing. His subsequent partial success on appeal did not change the position. The ET was plainly right to conclude that it would have been practicable for him to have launched proceedings before the expiry of the three-month deadline.




Social Share
  • google-share

Our specialist areas of law

  • Employment Tribunals
    • Employment Tribunals London
  • Dismissal
    • Unfair Dismissal
    • Constructive Dismissal & Resignation Advice
    • Compromise agreements
    • Executive Dismissal
    • Whistleblowing Law
    • Redundancy claims
    • Age Discrimination & Redundancy – Protection for all Ages In Redundancy
    • Collective redundancy
  • Whistleblowing
    • Whistleblowing Law
  • Discrimination (overview)
    • Discrimination at work – overview
  • –– Sex Discrimination
    • Maternity rights in employment
    • Pregnancy or maternity discrimination
    • Returning to work and flexible working
    • Health and safety issues for pregnant women in the workplace
  • –– Disability discrimination
    • Disability discrimination
  • –– Race discrimination
    • Race discrimination
  • –– Age discrimination
    • Age discrimination in recruitment and selection
    • Age discrimination – your rights at retirement
    • Age discrimination and redundancy – protection for all ages in redundancy
    • Age discrimination and pensions
    • Age discrimination and benefits
  • –– Sexual-orientation discrimination
    • Sexual-orientation discrimination in goods and services
  • –– Religious discrimination
    • Religious discrimination
  • –– Gender reassignment discrimination
    • Gender reassignment discrimination
  • Equal pay
    • Equal pay
  • Bullying and Harassment
    • Bullying and harrasment at work
  • Family-friendly rights
    • Family leave
    • Maternity rights in employment
    • Pregnancy and maternity discrimination
    • Return to work and flexible working
    • Health and safety for pregnant women in the workplace
    • Paternity rights
    • Maternity
    • Part-time workers
  • Disciplinary and Grievance Hearings
    • Disciplinary Hearings & Procedures
    • Grievance procedures
  • Contracts
    • Bonus disputes and discrimination
    • Bonus disputes
    • Bonus discrimination & The Risks Associated With It
    • Contract disputes and permanent health insurance
    • Employment contract disputes – restrictive covenants
  • Transfer of Undertakings
    • Transfer of undertakings (TUPE)
  • Agency Workers and Part Time Workers
    • Agency workers
    • Part-time workers
  • Privacy at Work
    • Privacy at work
  • Letter Templates
    • Constructive dismissal letter template
    • Standard notice resignation letter template:
    • Short or long notice request template

Join our Newsletter!

Twitter

Damian McCarthy
  • I worked with Martin a few years ago on a lengthy case. Always seemed a man of integrity. https://t.co/CwTnxNq5QZ 08:49:06 PM May 19, 2023 from Twitter for iPhone ReplyRetweetFavorite
  • @NationCymru When I was a kid 1970’s - ‘80s always called “chip alley” … I think sometimes Caroline St. 08:47:37 PM May 19, 2023 from Twitter for iPhone in reply to NationCymru ReplyRetweetFavorite
  • @PhilipProudfoot What are you talking about ? King Charles unplugged my sink this morning and Camilla did my ironin… https://t.co/GawUMSYVH1 01:51:10 PM May 08, 2023 from Twitter for iPhone in reply to PhilipProudfoot ReplyRetweetFavorite
@dam_mccarthy

Contact Us

  • We will be able to help you quickly if you leave us a contact phone number. We keep this strictly confidential.
  • This field is for validation purposes and should be left unchanged.
Copyright Notice | Disclaimer | Website Terms & Conditions | Privacy Statement
ACAS | EHRC
Nationwide Employment Lawyers Ltd is Authorised and Regulated by the Financial Conduct Authority. For peace of mind you can find information about our authorisation by checking the Registration number 838365 on the Financial Services Register : register.fca.org.uk. Please note all telephone calls are recorded, as required by the regulator. Nationwide Employment Lawyers Ltd is not a firm of solicitors. Instead we offer an exceptional level of service using specialist employment law Solicitors, Barristers and a Senior Advocate.
Please contact us using either the questionnaire, quick contact form (above) or telephoning us on 0333 242 3851.