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When Chouafi v London United busways Ltd [2005], the plaintiff was employed as a driver by the defendant company. In October 2003 he was diagnosed with severe depression and was informed by the work until February 2004. It was in January 2004 on the reasons for his illness and the employment court unfair dismissal and disability.

The Employment Rights Act 1996 provides that an employment court does not deal with a complaint for unfair dismissal, unless it is addressed to the court within three months after the effective date of termination of employment. This three-month period may be extended if the court considers that in that case it was not reasonably practicable for the complaint within three months. There are similar provisions of the Disability Discrimination Act 1995.

The court ruled that: --

The complaint of unfair dismissal was not within the period of three months, according to s 111 of the Employment Rights Act 1996;

The complaint of disability was not within the period of three months pursuant to paragraph 3 of Appendix 3 of the Disability Discrimination Act 1995, and therefore the court has no jurisdiction to hear the claims. The employee appealed to the Employment Appeal Tribunal ( "eat") against the decision. The EAT held that: --

Decisions on whether a claim would be that from the time of the unfair dismissal or disability, essentially questions of facts on which the court decide on the basis of the evidence submitted by the parties;

The burden of proof was presented to the plaintiff to show it was not possible to bring an action within the period of three months;

If the applicant does not discharge the burden of proving his / her case would inevitably fail;

In this case, the plaintiff not to attend the hearing and more evidence about his mental health and the court rightly concluded that the employees had failed an adequate explanation for the filing of his claim outside the time limit and

The court of the decision to follow suit.

The plaintiffs appeal was therefore dismissed.

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© RT Coopers, 2005. This background information is not a comprehensive or complete statement of the law on the issues can not be considered legal advice. It is only on general issues. Specialist legal advice should always be sought in relation to the particular circumstances.

Rosanna Cooper is a partner in RT Coopers Solicitors a full service law firm in London. The firm specializes in employment law including advising employers and employees on redundancies, dismissals, discrimination, grievance and disciplinary procedures, suspensions and breach of contract claim. The firm represents clients before the labor court.

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