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Unlawful Fees Help Employee Secure An Extension of Time

Author: Matthew Kilgannon

Background

It appears that, in the last few weeks the Southampton Employment Tribunal has agreed to grant a Claimant, an extension of time to bring her claims.

This follows the Supreme Court’s decision in July to quash the Employment Tribunals and Employment Appeals Tribunal Fees Order 2013 (“the Order”). The Claimant  Miss Dhami, claimed that, as the Order was unlawful; all decisions made under the Order were also unlawful.

Facts

Miss Dhami brought claims of age and disability discrimination against her employer.  These were presented in time, but her application for fees remission under the Order was not successful.  She failed to pay the fees and her claims were rejected.  By the time she discovered that her claims had been rejected, she was out of time, but brought fresh claims that Tesco (her employer) argued should be refused.

The Southampton Tribunal disagreed with Tesco and granted Miss Dhami an extension of time; allowing her claims to proceed.

Further information about the case can be found here

Comment

This is possibly the first case where the recent Supreme Court decision has had an impact.  When the Order came into effect there was a 70%+ reduction in Tribunal claims.  We wonder if we will now see this trend reverse.

Posted on 18/08/2017 by Pam Bowring

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