Matheson v. Mazars Solutions Ltd [2003] UKEAT 0048_03_1612 (16 December 2003)

Matheson v. Mazars Solutions Ltd [2003] UKEAT 0048_03_1612 (16 December 2003)

The Central Office is the only relevant office for making applications in Scotland; the regulations are mandatory and not directory; the legislation is compatible with Article 6 ECHR and does not result in disproportionate denial of access to justice.

Citation
[2003] UKEAT 0048_03_1612
Parties
Appellant: Appellant; Respondent: Respondents
Jurisdiction
United Kingdom
Judgment Date
16 December 2003
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Preliminary Issue
Outcome
appeal dismissed
Legal Topics
Time Bar, Unfair Dismissal, Access to Justice, Interpretation of Tribunal Regulations
Employment Law Human Rights Law Time Bar Unfair Dismissal Access to Justice Interpretation of Tribunal Regulations

Case Brief

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Parties

Appellant

Appellant

Respondents

Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Preliminary Issue

Legal Issues

  1. 1 Whether application presented to Edinburgh area office was time barred under section 111 of the Employment Rights Act 1996
  2. 2 Whether Edinburgh area office qualifies as a regional office under Rule 23(3) of the Employment Tribunals (Constitution and Rules of Procedure) (Scotland) Regulations 2001
  3. 3 Compatibility of tribunal regulations with Article 6 ECHR

Ratio Decidendi

The Central Office is the only relevant office for making applications in Scotland; the regulations are mandatory and not directory; the legislation is compatible with Article 6 ECHR and does not result in disproportionate denial of access to justice.

Court Disposition

appeal dismissed

Orders

  • application remains dismissed as out of time