Employment Law Update – September 2009

1st January 2009
Employment Law Update – September 2009 image

Employment Law Update – September 2009

In McFadyen and others v P B Recovery Limited and others, the Employment Appeals Tribunal (EAT) held that presenting a claim online is effective for the Tribunal to which the claim is directed and does not amount to effective presentation to all UK Tribunals generally.  It further held that the host server receiving online claims acts as an agent for the Tribunal nearest to the address of the Respondent provided on the form, and it is this Tribunal to which the form is submitted.  Thus when a Solicitor in error had a claim form directed to Bristol, rather than Glasgow, it was correct to the use the date the form was resubmitted to Glasgow when considering if the claims were in time.  Unfortunately in this case, when the form was resubmitted to Glasgow, it was out of time.

In this case the Solicitor for the Claimants presented the ET1 claim form online, and filled in the address of the Respondent by using the Respondent’s registered office in Bristol.  He did not provide the address that the Claimant’s had actually worked at in Scotland, since it was not a required field and in any event he did not know the address at that time.

The online claim form was received on the 13th June 2008, and the Claimants’ Solicitor was sent an e-mail indicating that it had been sent to the Bristol Tribunal.  This was on or around the 16th June.  The time limit expired on the 17th June, on which date the Solicitor e-mailed the Bristol Tribunal asking it to transfer the claims to Glasgow.

By way of a letter received on the 20th June 2008, the Solicitor was told that the claim should be resubmitted to Glasgow.  The Solicitor contacted the Tribunal at Glasgow at that point but unfortunately the claims were out of time.

Daven Naghen, Employment Partner with Maples, commented on the decision as follows:-

“The Solicitor was obviously very unfortunate in this case.  He should have confirmed with the Claimants their actual place of work and completed the form upon this basis.  Had he done so, then the forms would have gone to Glasgow when first submitted and the claims would have been in time.  Instead, the Solicitor acted without this important information, and used the registered address of the Respondent company.

Obviously Solicitors are now going to be extremely careful in submitting online claim forms, to avoid this situation happening to them.  When Claimants are issuing their own claims online, they should be careful to ensure that they include within the form the actual address at which they usually work.  The server will then direct the form to the Tribunal that is nearest to the post code of the actual place of work.  This will be the correct Tribunal, and then no difficulties will arise.”

Maples supporting Macmillan Coffee Morning image

Maples supporting Macmillan Coffee Morning

On 29th September 2017 Maples Solicitors LLP will be hosting a coffee morning as part of Macmillan’s “World’s Biggest Coffee Morning”.

Tea, coffee and cakes will be served from 10:00am until 1:00pm and all donations received will go to Macmillan Cancer Support to assist them with providing medical, emotional, practical and financial support to those facing cancer and their families.

At the same time, Maples will also be running a free Wills, Lasting Powers of Attorney and Probate clinic so that whilst you are in the office you may take the opportunity to discuss any of these with one of the Private Client Team with no obligation to commit. You can use the time to raise any questions you may have about making a Will, who you could appoint as Executors, whether you need a Power of Attorney or how a Power of Attorney works, for example.

Maples hope to see their existing clients join them for the coffee morning and very much look forward to meeting new people- everyone is welcome!

If you would like to discuss any matters in relation to Wills, Lasting Powers of Attorney or any Probate related matters prior to the coffee morning then please contact one of the lawyers in our private client team:-

Jane Mawer- jane.mawer@maplessolicitors.com
Jamie Dobbs- jamie.dobbs@maplessolicitors.com
Faye Blair- faye.blair@maplessolcitors.com

Or telephone the office on 01775 722261 and ask to speak with one of the team.

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Gemma Mayer LLB

"I would highly recommend Maples Solicitors, especially Gemma Mayer, for any conveyancing work. The level of support and professionalism was excellent at all times. I also felt if I needed to ask or clarify anything that it was not an issue. Buying and selling a house is stressful enough, but Gemma helped me through it step by step."

Anita Toal LLB BA

"I think you are brilliant. You can use my comments above. You are efficient, friendly and quite clearly very good at what you do. Mainly you don’t leave people hanging around too long for." "So easy to talk to her and she understood what I wanted. She put me at ease and I cant thank her enough"

Daven Naghen LLB

"I felt the service I got from Maples was excellent and was very honest all through the process. I would recommend Maples as a first class Solicitors group"

Faye Blair LLB

Faye was excellent, sensitive and acted very well to the time constraints we faced. Great service and dealt with compassion at such sad times made the process less painful very professional.

Jamie Dobbs ACILEx

Over the last forty years I have cause to deal with many law firms both in a personal and professional capacity, including some ‘top’ London Companies. In all of those dealings I have never found anyone as proactive and so willing to offer help and advice as Jamie Dobbs. During the last two years Jamie guided my parents through the completion of Lasting Powers of Attorney. Helped myself with the use of the LPA and recently dealing with Probate and Estate Administration following their death.

Mike Pepper MA

This is the second time we have used Mike Pepper at Maples Solicitors in the sale of our house. We cannot praise Mike enough for the highly efficient and professional service that he has provided us with. He is by far the best solicitor we have ever worked with, and the service that he has provided us with has gone far and beyond anything we have ever experienced. We have found the whole process to be a very relaxing experience.

Claire Smith FCILEx

Claire Smith has been amazing in every way. I highly recommend her and I am so grateful for all her help. She’s professional on all levels, reliable, extremely organised and I will be recommending her to everyone. I’m very lucky to have had her representing me and I can’t thank her enough. She is an asset to Maples. Thanks so much Claire!

Anita Zaborniak

We found it a pleasure to deal with Anita Zaborniak, she was most helpful and informative and kept us up to date with the progress of the purchase of our new home. If we were to move again we wouldn’t hesitate to use Maples again.