EAT Practice and Procedure: Right To Be Heard – The Appellant’s claim form was rejected for non-compliance with the early conciliation provisions. He applied for a reconsideration under Rule 13 of the Employment Tribunal Rules of Procedure, but the application was rejected by the Employment Judge without him being given a hearing as required by Rule 13(3). It seemed to the Employment Appeal Tribunal that there may be issues as to whether the proceedings were exempt from the early conciliation provisions under Regulation 3 of SI2014/254, whether a certificate the Appellant had obtained was valid for the purposes of those provisions and whether a subsequently obtained certificate could rectify a defect in a claim form arising from it not containing an early conciliation number. The application should be remitted to be reconsidered by another Employment Judge at a hearing at which both parties could attend.
Shanks HHJ
[2016] UKEAT 0314 – 15 – 0502
Bailii
England and Wales
Employment, Natural Justice
Updated: 09 November 2021; Ref: scu.562530
