EAT on 30th January 2007
NOTES
Grant v In 2 Focus Sales Development Services Ltd EAT on 30th January 2007
The full text judgment in this case is available free of charge on the BAILII website
Authority for the propositions that:-
- the fact that the ET1 tribunal claim form has shrunk slightly when being faxed to the tribunal is not a valid ground for rejecting it;
- the requirement in the rules of procedure (r.3(1)) that the Tribunal Secretary must provide an explanation of why a claim has been rejected requires the explanation to be given in a way which enables the claimant to understand what has to be put right; and
- a decision to reject a claim because of failure to use the correct form must be made in accordance with the law and so is capable of review and/or appeal by the Employment Appeal Tribunal even though the decision itself is an administrative decision
For relevant general notes see Procedure of Employment Tribunals/2004 rules/rule 01 - Starting a claim and or Procedure of Employment Tribunals/2004 rules/rule 03 - when the claim will not be accepted by the Secretary .
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prepared Feb2007