Deangate Ltd v Hatley and others UKEAT/0389/14; (2015) EMPLR 032
Employment Appeal Tribunal (EAT)
Applications to an employment tribunal are only valid if accompanied by the tribunal fee or an application for remission from the need to pay the fee. Merely ticking the box on the tribunal application form stating that the claimant intends to apply for remission is sufficient.
The claimants submitted their tribunal claims on-line one day before the deadline expired. No application for remission accompanied the claim forms because the remission application cannot be made on-line; but the claimants ticked the box in the on-line form saying they intended to apply for remission. The tribunal website stated that claims would be rejected if the tribunal does ‘not receive the signed remission form and evidence in the post as soon as possible and within 7 calendar days of submitting your ET1 [application form].’ The forms and information required for the remission application were posted within 7 days.
The EAT held that ticking the box and sending the remission form and evidence by post amounted to ‘accompanying’ the on-line tribunal claim with an application for remission. If that were not the case, the EAT observed, it would be impossible for claimants who made their applications on-line ever to comply with the requirement to ‘accompany’ the claim with a remission application since remission applications can only be made by post.
Law and Practice
The status of employment rights on the transfer of an undertaking is an extremely complex area of...