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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.

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