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Can a claim be personally served at the Employment Tribunal Central Office? No, found the Employment Tribunal in Mbikang v The Nottingham University Hospitals NHS Trust.
The time limit for presenting the claim was 24 December 2013. The claim form was date stamped 30 December 2013. The Employment Tribunal found as a matter of fact that claim was hand delivered to the Employment Tribunal Central Office, Arnhem House, on 24 December 2013. However this did not comply with the requirements as to presentation. Personal service is not permitted at Arnhem House. Therefore the postal rule applies. To be served by post, the claim has to be a) properly addressed; b) prepaid; and c) posted. Therefore there was no presentation and the claim had to be dismissed.
There may well be a significant number of cases in the system which the Tribunal has no jurisdiction to hear, if presented in the same way as in this case.
Break rights have proved a fertile source of litigation over the last few years. Courts have consistently required strict compliance with the terms of those rights.
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Judgement has been handed down for the seminal case of Cardtronics UK Ltd and others (Respondents) v Sykes and others (Valuation Officers) (Appellants) [2020] UKSC 21.
Following an MP debate on 5 November 2019, the government is due to release long-awaited guidance as to how it intends to protect workers in the retail industry against violence, harassment and abuse.
Some commentators had anticipated that persisting retail sector challenges might disrupt more than the make-up of the high street or commercial property negotiations between landlords and tenants.
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