Mossman v Bray Management Ltd, Employment Appeal Tribunal, 20 December 2004

Application out of time
Mossman v Bray Management Ltd, Employment Appeal Tribunal, 20 December 2004

Mossman’s employment was terminated on 30 September 2003. His claim for unfair dismissal had to be presented by the end of 29 December 2003, an ordinary working day during the Christmas period.

Mossman and his representative agreed that because of the Christmas period, electronic submission of the form would be safer than the post. It was sent electronically on 29 December 2003 at 2.33pm.

On 26 January 2004, Mossman’s representative telephoned the tribunal and was told there was no record of the claim form, which he then re-submitted. However, the tribunal held the claim was not presented in time because the form was not received in either paper or electronic form by the tribunal on or before the relevant date. The tribunal refused to extend the deadline, and Mossman unsuccessfully appealed.

The Employment Appeal Tribunal (EAT) found it was reasonably practicable for Mossman to have submitted his claim by 29 December 2003. It referred to the wording at the start of the electronic form, which reminds users that it is their responsibility to ensure it is received within the time limit, and further, that there is no guarantee the tribunal will receive it on the same day. However, the EAT said that the employment tribunal service should consider implementing a method of informing claimants that their electronic forms have been received.

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