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:-

    1. 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;
    2. 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
    3. 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