GFTU Emplaw Emplaw Emplaw

Higgins v Home Office and another UKEAT/0296/14

Claim submitted six years out of time should not have been rejected under Rule 12

Rule 12 of the ET (Constitution and Rules of Procedure) Regulations 2013 provides that a tribunal may reject all or part of a claim if an EJ considers the claim to be one which the ET has no jurisdiction to consider; is in a form which cannot sensibly be responded to or is otherwise an abuse of process; institutes relevant proceedings but does not comply with early conciliation formalities.

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