| In the case of Chouafi v London United
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| | para 3 Schedule 3 of the Disability
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| Busways Ltd [2005], the claimant was
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| | Discrimination Act 1995; and
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| employed as a bus driver by the defendant
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| | Accordingly, the tribunal did not have
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| company. In October 2003, he was
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| | jurisdiction to hear the claims.
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| diagnosed with severe depression and was
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| | The employee appealed to the Employment
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| signed off work until February 2004. He
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| | Appeal Tribunal ("EAT") against the
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| was dismissed in January 2004 on the
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| | decision. The EAT held that:-Decisions on
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| grounds of his medical condition and
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| | whether or not a claim would be admitted
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| complained to the employment tribunal of
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| | out of time, for unfair dismissal or
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| unfair dismissal and disability
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| | disability discrimination, were
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| discrimination.The Employment Rights Act
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| | essentially questions of facts on which
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| 1996 provides that an employment tribunal
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| | the tribunal should decide based upon the
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| shall not consider a complaint for unfair
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| | evidence submitted by the parties;The
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| dismissal unless it is presented to the
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| | onus of proof was on the claimant to show
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| tribunal within three months of the
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| | it was not reasonably practicable to
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| effective date of termination of
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| | bring an action within the three-month
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| employment. However this three-month
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| | time limit;If the claimant failed to
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| limitation period may be extended if the
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| | discharge that burden of proof, his/her
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| tribunal considers that in the relevant
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| | case would inevitably fail;In this case,
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| case, it was not reasonably practicable
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| | the claimant failed to attend the hearing
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| for the complaint to be presented within
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| | and provide more evidence about his
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| the three months. There are similar
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| | mental health; and
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| provisions under the Disability
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| | The Tribunal was right in concluding
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| Discrimination Act 1995.The tribunal
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| | that the employee had failed to provide
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| decided that:-The complaint of unfair
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| | an adequate explanation for filing his
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| dismissal had not been presented within
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| | claim outside the time limit; andThe
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| the three-month time limit, pursuant to s
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| | tribunal's decision would be upheld.The
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| 111 of the Employment Rights Act 1996;The
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| | claimant's appeal was therefore
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| complaint of disability discrimination
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| | dismissed.If you require further
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| had not been presented within the
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| | information contact us.
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| three-month time limit, pursuant to the
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| |
|
