Tribunal claim is rejected over nine-second delay

In the latest example of an employment tribunal claim submitted too close to the wire, a claimant has missed the deadline by nine seconds.

Mr Miller wished to bring an unfair dismissal claim, for which the time limit was three months from the dismissal date. His representative, who at the time was a second-year law student charging £120 an hour to represent claimants, pressed the “submit” button on the Tribunals Service website at one second to midnight on the deadline day, 29 September 2006. The claim arrived at eight seconds past midnight.

The Employment Appeal Tribunal (EAT) confirmed that, since both Miller and his representative were aware of the time limits, his claim could not be accepted.

It also pointed out that the Compensation Act 2006, which came into force in April 2007, defines those — including lawyers, trade unions and charities — who are authorised to make claims on claimants’ behalf for reward. Anyone who is not authorised cannot charge for advice and representation.

Miller v Community Links Trust Ltd UKEAT/0486/07