0370 270 6000

Personal service of a claim in the Employment Tribunal

7 July 2014

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.

Related opinions

Cameras in convenience stores: a potential hornet’s nest..?

A convenience retailer has opted to install cameras (the “Facewatch” system) at a limited number of its English stores to reduce crime and protect its staff.

View blog

Covid-19 rent arrears – the questions that remain

The Government appears set to announce plans on ‘living with Covid to restore freedom’. With the success of the retail and hospitality sector key to recovery, what protections will be on offer to tenants to deal with Covid-19 rent arrears?

View blog

Handing back an empty shell of a building did not prevent a tenant from exercising a break clause

Break rights have proved a fertile source of litigation over the last few years. More often than not, tenants have found themselves on the wrong end of the decisions. However, a Court of Appeal decision yesterday has bucked that trend.

View blog

Relief for landlords as the Court of Appeal confirms that leases have been validly contracted out

One of the requirements for tenants to contract out of the security of tenure regime contained in the Landlord and Tenant Act 1954 is that they make a simple or statutory declaration before entering into the lease.

View blog

Mailing list sign up

Select which mailings you would like to receive from us.

Sign up