Deangate Ltd v Hatley

The Employment Appeals Tribunal (EAT) has held in this case that a claim to the employment tribunal, must be accompanied by a fee, or an application for fee remission, at the time it is presented, but ticking the 'yes' box in relation to remission on the claim form amounts to an application. Three Claimants presented their claims online one day before the time limit for claiming expired. Their claims were not accompanied by a fee or an application for fee remission. However, in answer to a question on the claim form 'do you intend to submit an application for remission?' the Claimants ticked the 'yes' box. They submitted applications for fee remission within seven days. The Respondent argued that the claims had to be rejected under the procedural rules, which states: 'the Tribunal shall reject a claim if it is not accompanied by a Tribunal fee or a remission application'. The EAT disagreed. It held that the applicable legislation provided for a choice to be made at the time of presenting a claim between paying a fee or applying for remission. By ticking the 'yes' box the Claimants made an unequivocal choice to apply for remission, which was sufficient to amount to an application, albeit that it was necessary to augment the application with further information. A policy of allowing further information to be given within seven days was likely to provide a sensible timescale.

In Practice

While this is a frustrating decision for the employer involved, it is also a sensible one. Kate Fretten, Employment Partner says, "The remission system for having tribunal fees waived is a complex one and it is often the case that it takes Claimants some time to get the information together in order to make the application. Sometimes they do not realise this until they actually complete the tribunal claim form." To allow them to tick the ‘yes’ box and then submit the information within seven days is a reasonable procedure.

At Frettens, all of our solicitors offer a free initial meeting or chat on the phone to answer your questions. If this article raises issues for you or your business, please call us on 01202 499255 and Kate or Paul will be happy to discuss it with you.