McFadyen & Ors v. PB Recovery Ltd & Ors [2009] UKEAT 0072_08_3107 (31 July 2009)
Claims submitted online to Bristol Employment Tribunal office using an English postcode were not presented to the Glasgow office; rejection by Bristol Tribunal rendered the presentation a nullity; claims were not presented timeously in Scotland.
- Citation
- [2009] UKEAT 0072_08_3107
- Parties
- Appellants: Claimants; Respondents: First and Second Respondents; Respondents: Third and Fourth Respondents
- Jurisdiction
- United Kingdom
- Judgment Date
- 31 July 2009
- Procedural Posture
- Employment Appeal / Appeal Against Employment Tribunal Judgment
- Outcome
- Appeal dismissed
- Legal Topics
- Jurisdiction, Time Bar, Online Claim Submission, Unfair Dismissal, Protective Award, TUPE, Redundancy
Case Brief
Summary, issues, holding and outcome
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Parties
Claimants
Appellants
First and Second Respondents
Respondents
Third and Fourth Respondents
Respondents
Procedural Posture
Employment Appeal / Appeal Against Employment Tribunal Judgment
Legal Issues
- 1 Whether online submission of claim to Bristol Employment Tribunal constituted presentation in Scotland for time bar purposes
- 2 Whether claims rejected by Bristol Tribunal could be regarded as presented in Glasgow on the same date
- 3 Interpretation of jurisdictional rules for Employment Tribunals
Ratio Decidendi
Claims submitted online to Bristol Employment Tribunal office using an English postcode were not presented to the Glasgow office; rejection by Bristol Tribunal rendered the presentation a nullity; claims were not presented timeously in Scotland.
Court Disposition
Appeal dismissed
Orders
- Appeals dismissed
- Judgment of Employment Tribunal upheld
Full Case Text
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