Unison & Fenton v National Probation Service & Anor - A technical error in making a "multiple claim" was not sufficient reason for rejecting the claim [2010] EAT

A claim is properly presented to an employment if form ET1 is completed so failure by multiple claimants to fill in a "Multiple Claim Form"  ET1a will not of itself be reason for rejecting their claim.

The Sheffield Primary Care Trust ("the PCT") was responsible for a drug intervention programme ("the DIP") which was run on its behalf by the National Probation Service (NPS) and Turning Point until April 2008. Prior to April 2008 the DIP work was put out to tender and a contract awarded to Addaction. NPS's employees were transferred pursuant to TUPE to work for Addaction. Miss Fenton, an office manager, was one such employee.  She alleged that she had been downgraded following the transfer, subjected to detrimental terms and conditions and placed on a protected salary.  Unison claimed  there had been a breach of the duty to inform and consult imposed by regulation 13 of the 2006 TUPE regulations.

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