Y Chen v Coach Stores Ltd
The Tribunal erred in law by failing to consider whether the mismatch in respondent names constituted an error and whether it would be in the interests of justice to reject the claim; the error was procedural and not substantive, and interests of justice required the claim to proceed.
- Parties
- Appellant: Ms Y Chen; Respondent: Coach Stores Ltd
- Jurisdiction
- England and Wales
- Judgment Date
- 08 June 2025
- Procedural Posture
- Appeal / Judgment
- Outcome
- appeal allowed
- Legal Topics
- Claim Rejection, Early Conciliation Certificate, Error of Law, Interests of Justice, Procedural Defects
Case Brief
Summary, issues, holding and outcome
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Parties
Ms Y Chen
Appellant
Coach Stores Ltd
Respondent
Procedural Posture
Appeal / Judgment
Legal Issues
- 1 Whether the Tribunal erred in rejecting a claim due to mismatch between respondent names on the ET1 and early conciliation certificate
- 2 Whether the rescue provision under rule 12(2A) of the Employment Tribunals Rules was properly considered
Ratio Decidendi
The Tribunal erred in law by failing to consider whether the mismatch in respondent names constituted an error and whether it would be in the interests of justice to reject the claim; the error was procedural and not substantive, and interests of justice required the claim to proceed.
Court Disposition
appeal allowed
Orders
- Decision of the tribunal rejecting the claim is set aside.
- Claim is to be allowed to proceed.
Full Case Text
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