Chickerova v. Holovachuk [2007] UKEAT 0016_07_2102 (21 February 2007)

Chickerova v. Holovachuk [2007] UKEAT 0016_07_2102 (21 February 2007)

The Tribunal was entitled to proceed as neither condition under Section 32(6) was satisfied; more than 28 days had elapsed since the written complaint, and the Appellant did not raise the issue before the Tribunal.

Citation
[2007] UKEAT 0016_07_2102
Parties
Appellant: Appellant; Respondent: Respondent
Jurisdiction
United Kingdom
Judgment Date
21 February 2007
Procedural Posture
Employment Appeal / Appeal Judgment
Outcome
appeal dismissed
Legal Topics
Pre Action Requirements, Jurisdiction, Deduction From Wages
Employment Law Pre Action Requirements Jurisdiction Deduction From Wages

Case Brief

Summary, issues, holding and outcome

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Parties

Appellant

Appellant

Respondent

Respondent

Procedural Posture

Employment Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether the Employment Tribunal had jurisdiction to hear the claim given the alleged breach of the 28-day pre-action requirement under Section 32(3) of the 2002 Act

Ratio Decidendi

The Tribunal was entitled to proceed as neither condition under Section 32(6) was satisfied; more than 28 days had elapsed since the written complaint, and the Appellant did not raise the issue before the Tribunal.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed. Tribunal decision upheld.