Personnel Today
  • Home
    • All PT content
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • Brightmine
    • Learn more
    • Products
    • Free trial
    • Request a quote
  • Webinars
  • Advertise
  • OHW+

Personnel Today

Register
Log in
Personnel Today
  • Home
    • All PT content
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • Brightmine
    • Learn more
    • Products
    • Free trial
    • Request a quote
  • Webinars
  • Advertise
  • OHW+

Case lawEmployment law

Bisset v Martins and Castlehill Housing Association Ltd, EAT, 18 August 2006

by Personnel Today 19 Sep 2006
by Personnel Today 19 Sep 2006


Extension of time limit does not apply to grievance against fellow employee

BACKGROUND Ms Martins was the subject of an ongoing disciplinary process when she submitted a written grievance to her employer on 6 May 2005. It included a complaint about her treatment by a fellow employee, Ms Bisset. Martins was dismissed on 9 May. She submitted a claim against her employer and Bisset on 8 August. As the last date of any discrimination by Bisset was 5 April, the discrimination claim against Bisset appeared out of time, as it was submitted more than three months after the date of alleged discrimination. But at a preliminary hearing, the tribunal allowed Martins to rely on a three-month extension of time, as she had presented a written grievance and waited 28 days before submitting her claim as required by the dispute resolution regulations. The tribunal ruled that Martins’ claim against Bisset was not time-barred and could proceed. Bisset appealed.

DECISION The EAT upheld Bisset’s appeal, finding that Martins’ two claims were separate. The EAT concluded that the laws providing for an extension of time “plainly” did not apply to a claim against a fellow employee only against employers. The EAT remitted the case back to the original tribunal so the claim against Bisset may be allowed.

COMMENT Although the time limit for a claim against an employer can be extended where a written grievance has been presented, this is not the case with a claim against a fellow employee. Any joint claims must be presented within the relevant three-month time limit, even if a grievance has been submitted, to prevent the claim against the employee from being time-barred.

 

Sign up to our weekly round-up of HR news and guidance

Receive the Personnel Today Direct e-newsletter every Wednesday

OptOut
This field is for validation purposes and should be left unchanged.

 

 

Personnel Today

Personnel Today articles are written by an expert team of award-winning journalists who have been covering HR and L&D for many years. Some of our content is attributed to "Personnel Today" for a number of reasons, including: when numerous authors are associated with writing or editing a piece; or when the author is unknown (particularly for older articles).

previous post
New organisation set up to represent members of UK Armed Forces
next post
Ministers split on benefit of mandatory pay audits

You may also like

Ministers loosen fire and rehire proposals in Employment...

10 Jul 2025

Court of Appeal rules that Ryanair agency pilot...

9 Jul 2025

Bereavement leave to extend to miscarriages before 24...

7 Jul 2025

Company director wins £15k after being told to...

4 Jul 2025

How can HR prepare for changes to the...

3 Jul 2025

Government publishes ‘roadmap’ for Employment Rights Bill

2 Jul 2025

Employers’ duty of care: keeping workers safe in...

27 Jun 2025

When will the Employment Rights Bill become law?

26 Jun 2025

Seven ways to prepare now for the Employment...

20 Jun 2025

The employer strikes back: the rise of ‘quiet...

13 Jun 2025

  • Empower and engage for the future: A revolution in talent development (webinar) WEBINAR | As organisations strive...Read more
  • Empowering working parents and productivity during the summer holidays SPONSORED | Businesses play a...Read more
  • AI is here. Your workforce should be ready. SPONSORED | From content creation...Read more

Personnel Today Jobs
 

Search Jobs

PERSONNEL TODAY

About us
Contact us
Browse all HR topics
Email newsletters
Content feeds
Cookies policy
Privacy policy
Terms and conditions

JOBS

Personnel Today Jobs
Post a job
Why advertise with us?

EVENTS & PRODUCTS

The Personnel Today Awards
The RAD Awards
Employee Benefits
Forum for Expatriate Management
OHW+
Whatmedia

ADVERTISING & PR

Advertising opportunities
Features list 2025

  • Facebook
  • Twitter
  • Instagram
  • Linkedin


© 2011 - 2025 DVV Media International Ltd

Personnel Today
  • Home
    • All PT content
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • Brightmine
    • Learn more
    • Products
    • Free trial
    • Request a quote
  • Webinars
  • Advertise
  • OHW+