Member Article

Online presentation of claim forms in employment claims

With Watson Burton LLP Law Firm

Anyone who is considering submitting an employment claim online should take into account the recent decision of the Employment Appeal Tribunal (EAT) in the case of M McFadyen & Ors –v- PB Recovery Ltd & Ors (2009 UKEATS/0072/08). The Employment tribunal ruled that on-line submission of a claim form mistakenly sent to a tribunal in England, rather than the correct tribunal in Scotland, did not constitute effective presentation of the claim to all UK Tribunals generally.

The claim was initially submitted online on 16 June 2009 and was directed to the Bristol tribunal (based upon Bristol being given as the Respondent’s address). The Claimants however worked in Scotland and so the claims had to be re-submitted to the Glasgow tribunal on 20 June 2009, by which time the claims were considered out of time. The Claimants argued that the claim should have been treated as being presented when it was received by the Employment Tribunals Service host server on 16 June 2009, and not when subsequently considered by the employment tribunal in Glasgow.

The Claimants sought to argue that, in submitting the claims to the host server, they were effectively held in abeyance for all other tribunals. The EAT concluded that, in light of the importance afforded to the postcode of the place of work as identified on the ET1 form, and in the absence of any indication that the claims were to be held for the consideration of any other tribunal, the employment tribunal were correct in rejecting the claims. The EAT also gave recognition to the fact that, in any event, the presentation of a claim in England and Wales did not equate to presentation in Scotland, and noted that there was a formal transfer system of claims between the two jurisdictions.

This case serves as an important reminder, first, that it is imperative to identify the Claimant’s correct place of work and thus the correct tribunal on any claim submitted via the online system. Further, it serves as a warning that should a claim be submitted to an incorrect employment tribunal, whether in the same jurisdiction or otherwise, the consequences may be severe.

If you have any queries relating to this article, or any other Employment related matter, please contact Clare Fegan at Watson Burton LLP on 0191 2444451 or email clare.fegan@watsonburton.com.

This was posted in Bdaily's Members' News section by Ruth Mitchell .