New procedures

Case 7: The facts

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 provided the address and contact details of the solicitors representing her. A tribunal chair refused to accept the claim because it did not include all the required information specified by the tribunal rules introduced in October 2004.

The ruling

The new rules state that a claim will not be accepted if it does not include all the "relevant required information". The required information is listed in paragraph 4 of Schedule 1 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004, and includes the claimant's address.

The Employment Appeal Tribunal (EAT) held that a failure to provide all the information does not automatically mean that the claim cannot be accepted - it is up to the tribunal chair to decide. In this case, the chair should have decided whether the claimant's address was "relevant" and "material".

Since Hamling had provided 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