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Deangate Ltd v Hatley and others UKEAT/0389/14; (2015) EMPLR 032
26 March 2015
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.