Tricky Time Limits in the Employment Tribunal


In the case of Miah v Axis Security Services Ltd, the Employment Appeal Tribunal (EAT) held that time limits are not automatically extended when the limitation period expires on a non-working day.

The Claimant, Mr Miah, brought a claim of unfair dismissal against his former employer. His claim was received by the Employment Tribunal on Monday 30th January 2017. However, the normal three month time limit expired on Sunday 29th January 2017.

Dismissing employee over abusive Facebook post was ‘not unfair’

A company that sacked an employee who made abusive comments on Facebook and claimed he’d been drinking on duty had not acted unfairly.


That was the decision of the Employment Appeal Tribunal in the case of Scottish Canals and one of its employees.


The issue arose after the employee posted comments that he had been drinking while on standby for flood alerts. He also posted abusive remarks about his supervisors. When questioned by the company, he said the comments were jokes and part of everyday banter.


Company fails to prevent competition from former employees

A pharmaceutical company has failed to prevent two former employees setting up their own firm and competing for business from one of its main customers, the NHS.

The issue arose when the company considered selling adrenaline pens but then decided not to go ahead. Two of its employees thought there was a market for the pens and resigned to set up their own business.

They were then successful in getting orders for the pens from the NHS.