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Time Limits

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Is time automatically extended when the limitation period expires on a non-working day?

No, held the EAT in Miah v Axis Security Services Ltd

Mr Miah's claim for unfair dismissal was received by the tribunal on Monday 30th January 2017. The normal 3 month time limit expired on Sunday 29th January.

It was argued that rule 4 (2) of the Employment Tribunal Rules of Procedure 2013 gave an extra day to bring a claim. That rule says: 

"If the time specified by these Rules, a practice direction or an order for doing any act ends on a day other than a working day, the act is done in time if it is done on the next working day. "Working day" means any day except a Saturday or Sunday, Christmas Day, Good Friday or a bank holiday..."

The EAT decided that the words "by these rules" at the start meant the time limit in the Employment Rights Act 1996 (or in any other enactment) was not affected by the rule.

Thanks to Matthew Jackson of 10 KBW for preparing this case summary.

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