Can Christmass or other bank holidays be considered in extension of the Employment Tribunal time limit to bring the claim ?
Yes, however relying on the Christmas or other bank holidays may not on its own fulfil the ‘’not reasonably practicable’’ TEST. You need to consider other relevant facts in your circumstances than merely relying on the national ‘time off’ as default.
If you are seeking a one-day or so extension of time limits, e.g., because of practice directions or tribunal orders, and the deadline was on the day of Christmas or another bank holiday, then you can do it on the next working day. However, this rule is not used in bringing the claim to the Employment Tribunal.
Therefore, if you are seeking an extension of time to bring the Employment Tribunal out of statutory time limit, you may want to rely on Christmass or other bank holiday, but be aware that this reason on its own may not be enough. Reconsider the EDT in a case of unfair dismissal or last straw of a prohibited act if you are claiming discrimination or detriment etc. And when you cannot identify any possible extension there, then work on the ‘bank holiday pause’ as the reason for delays but be conscious and include other circumstances relevant in your circumstances.
For example: asserting that the Christmas period [ or other bank holiday periods in UK] made your access to legal advice more difficult can be considered as a potentially good reason for not being reasonably practicable to file a claim in time. However, if you knew of the time limit since the beginning of October let’s say, the Employment Tribunal will want to know why you waited so long until Chrismass knowing or ought to know it would be difficult to access legal advice during the Chrisass.
In the case of Amedzo v Bidvest Noonan (UK) Ltd, the claimant argued that the delay in submitting his appeal was due to the difficulty in obtaining legal advice over the Christmas period. The court acknowledged that it was not unreasonable for the claimant to assert that seeking advice is more difficult during this tim Amedzo v Bidvest Noonan (UK) Ltd. However, what needs to be noted is that Amedzo learnt of the time limit and his right to appeal shortly before Christmas. If your circumstances are that you knew your time limit much before Chrismass or other bank holiday in UK, then you need explain the circumstances as to why you did not act earlier - make sense ?
Amedzo sought an extension of time to file an appeal, citing the Christmas and New Year holiday period as a significant factor. The claimant received the judgement on 16 December 2022, which was just a week before the Christmas break. He argued that obtaining a professional legal consultation during this period was challenging, and the earliest available appointment was on 13 January 2023. Consequently, the full legal advice was provided on 20 January 2023, and the Notice of Appeal was submitted on 26 January 2023 Amedzo v Bidvest Noonan (UK) Ltd.
Amedzo emphasised that the delay was not deliberate but was due to the holiday period, which hampered timely access to legal advice. He also noted that the respondent had previously been granted extensions of time by the Employment Tribunal, highlighting the tribunal's discretion in such matters Amedzo v Bidvest Noonan (UK) Ltd.
The Equality Act 2010 allows for proceedings to be brought outside the standard time limits if the tribunal considers it just and equitable to do so, which can include considerations such as public holidays and other exceptional circumstances Equality Act 2010 (2010 c 15) - 123 Time limits.
Conclusion
Although it may be possible, it is important to note that the intervention of the Christmas holiday period [or other national bank holidays] alone may not always be considered a sufficient reason for extending time limits in all circumstances. In the case of Riverside Truck Rental Ltd v Lancashire County Council, the court concluded that the holiday period did not justify an extension of time for filing a claim, as the claimant should have anticipated the closure of court offices and acted with greater urgency.
Riverside Truck Rental Ltd v Lancashire County Council; R (on the application of Riverside Truck Rental Ltd) v Lancashire County Council (Monks Contractors Ltd, interested party) - 190 ConLR 110.
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