Labour Research (November 2006)

Law Matters

"Required information" wasn't needed

A tribunal was wrong to refuse a claim because the claimant had not included her address on the claim form, the Employment Appeal Tribunal (EAT) has held.

The decision came in another appeal relating to the application of the new tribunal rules, which the EAT has already said have "created considerable difficulties" for tribunals.

Ms Hamling submitted tribunal claims for unfair dismissal, sex and race discrimination and redundancy. She did not put her address on the claim form, but did provide full contact details for the solicitors representing her.

A tribunal chair refused to accept her claim as it did not include all the "relevant required information" specified under the tribunal rules introduced in 2004.

But the EAT held that this was not enough to refuse the claim outright: it is up to the tribunal chair to decide whether the missing information is "relevant" and "material".

Since Hamling had given her representatives' address and could be contacted through them, the EAT held that her own address was not relevant and it was immaterial that she had not included it. Her claim should have been accepted.

Hamling v Coxlease School Ltd UKEAT/0181/06


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