Employment Rights Update – April/May 2016

In this edition we look at cases on time limits and re-engagement orders.

Time limits

Adams v British Telecommunications plc
The introduction of the new ACAS Early Conciliation Service has had a number of undesirable technical consequences for would-be employment tribunal claimants. 
 
In particular, problems have arisen where the “EC number” (the individual case reference given out by ACAS at the conclusion of the conciliation process) has been inaccurately transcribed on to the ET1 Claim Form. 

Recognising that injustice might have been done in such cases, EAT in Adams has adopted a claimant-friendly approach in a case where just such an administrative error occurred.
 
The claimant submitted an ET1 with the wrong EC number.  By the time the tribunal had returned the inaccurate form, the claimant was out of time to submit a corrected ET1, but submitted the second claim anyway.
 
The employment judge refused to extend time in relation to the latter case. 

View the full employment rights legal update.