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Faleye (1) Amagua (2) v UK Mission Enterprise Ltd and Others - Cases may be transferred between tribunals provided there is no risk of injustice [2010] EAT

Presentation of a claim at the "correct" Employment Tribunal (namely that covering the postcode of his place of work) does not give a Claimant any "fundamental right" to have his claim managed and heard in that Tribunal: a Regional Employment Judge may transfer a case to any other tribunal, provided only that this does not create a risk of injustice to the parties. 

Mr Faleye brought two claims, covering various heads of dismissal and discrimination, against the UK Mission Enterprise Ltd (UKME) and its employees Mr Shakeri, Mr Mohammed, and Mr Al-Mansouri. The only differences between the two claims were that (i) Mr Mohammed was a respondent in only one of these claims, and (ii) in April 2010 a temporary restricted reporting order was made in respect of one of the claims. The claims were brought in the London South Employment Tribunal. Mr Amagua also brought a claim against UKME in the London South ET. Meanwhile, a Mr Ejil Mohammed Ali had also commenced proceedings against UKME. Although he worked at a branch office in South West London, he did so in the London Central Employment Tribunal. A fourth man, Mr Talal Alsaes, also started proceedings in the London Central ET - however his claim was brought against Mr Al-Mansouri and the United Arab Emirates embassy, whereby a state immunity question arose.

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