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he EAT has upheld a decision not to accept an unfair dismissal claim which was presented 88 seconds late.

The Claimant tried to present his claim electronically about 15 mins before midnight on the last day for presentation. However, he mistyped the web address (typing 'qsi' instead of 'gsi'). He then sent a test message about 3 mins before midnight, and sent his actual Claim Form 1 min 28 secs after midnight.

The EAT upheld the ET's decision that the claim was out of time. It stated that it was reasonably practicable for the claim to have been presented within time (ie before midnight), and although the result seemed harsh, time limits are there to be followed.