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Early conciliation: corresponding date principle applies to time extension (News, 11 April 2016)

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Published on: 11 April 2016

Published by a LexisNexis Employment expert

Table of contents

Impact of this judgment
Background law
The facts and decision of the employment tribunal
The judgment of the EAT

Article summary

A prospective claimant will always have at least one month after receiving (or being deemed to receive) the early conciliation certificate to present a tribunal claim. This is because, if the time limit would otherwise fall within the period ending one month after receipt of the certificate, it is instead extended to the end of that period. The corresponding date principle applies when calculating the one month period. Accordingly, if an early conciliation certificate is received on 30 June and the time limit would, if not extended by this special rule, fall on 17 July (ie within the period ending one month after receipt of the certificate), then the time limit to present a tribunal claim is extended to expire on 30 July. EAT: Tanveer v East London Bus & Coach Company.

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