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