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.”

Free Wills Month in October image

Free Wills Month in October

Maples are pleased to announce that they are taking part in Free Wills Month throughout October. If you are aged 55 or over you can make your Will for free and have the opportunity to help one or more of the sponsoring charities in the process. Appointments are limited in number and are allocated on a first come first served basis.

For further details please contact a member of our Wills and Probate Department:-

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

Or telephone the office 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"

James Turner BA

James Turner was extremely helpful with our buying process. Everything went smoothly. We are very happy with the level of professionalism demonstrated by the office. Highly recommended solicitors. Will definitely do business with them again.

Daven Naghen LLB

"Daven provided an excellent service, from attending the first interview with me to the final court appearance. He filled me full of confidence that he would defend me to which he did and come out with an excellent outcome in view of my position that I had put myself in."

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 GCILEx

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

Mike Pepper gave us excellent advice. He was always most helpful and accommodating giving lucid explanations every step of the way. Thank you Mike.

Donna Sandison FCILEx

Donna has been helpful and professional every step of the way during the process. Always on hand to answer any queries and totally professional and friendly at all times.