Deangate Ltd v Hatley & Ors (Practice and Procedure) [2015] UKEAT 0389_14_2603 (26 March 2015)

Deangate Ltd v Hatley & Ors (Practice and Procedure) [2015] UKEAT 0389_14_2603 (26 March 2015)

Ticking the online box indicating an intention to apply for fee remission at the time of submitting the claim constitutes an application for remission, and thus the claim is 'accompanied' by an application for remission as required by Rule 11. The subsequent submission of detailed information within 7 days does not invalidate the application. The appeal is dismissed on this basis.

Citation
[2015] UKEAT 0389_14_2603
Parties
Appellant: Deangate Ltd; Respondents: Three former employees (names not specified); Intervener: Secretary of State for Justice
Jurisdiction
United Kingdom
Judgment Date
26 March 2015
Procedural Posture
Employment Tribunal Appeal / Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Tribunal Fees, Fee Remission, Jurisdiction, Procedural Compliance
Employment Law Civil Procedure Tribunal Fees Fee Remission Jurisdiction Procedural Compliance

Case Brief

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Parties

Deangate Ltd

Appellant

Three former employees (names not specified)

Respondents

Secretary of State for Justice

Intervener

Procedural Posture

Employment Tribunal Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether an application for fee remission submitted after an online claim can be said to 'accompany' the claim under Rule 11 of the Employment Tribunal Rules 2013
  2. 2 Whether ticking the online box indicating intention to apply for remission constitutes an application for remission
  3. 3 Whether Rule 6 allows the Tribunal to waive the requirement to reject a claim not accompanied by a fee or remission application

Ratio Decidendi

Ticking the online box indicating an intention to apply for fee remission at the time of submitting the claim constitutes an application for remission, and thus the claim is 'accompanied' by an application for remission as required by Rule 11. The subsequent submission of detailed information within 7 days does not invalidate the application. The appeal is dismissed on this basis.

Court Disposition

Appeal dismissed

Orders

  • The appeal by Deangate Ltd is dismissed.