Posted by Gemma Ospedale, Partner
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Ticking fee remission box sufficient to apply for remission
This case concerns the application for remission of fees when submitting an Employment Tribunal claim online. Deangate Limited v Hatley and others is an EAT case which upheld an Employment Tribunal decision that claims which were presented online were within time even though the fee remission applications were received by the Tribunal after the limitation date had expired. The Employment Tribunal online portal does not currently allow for a fee remission application to be made online but the Claimant must either pay the fee or tick a box indicating that they intend to apply for a fee remission. In these circumstances the EAT held that a claim which is presented online is accompanied by a remission application for the purposes of the rules if the Claimant ticks the box saying that he or she is going to apply for remission of fees. To do otherwise would lead to what they described as the “unhappy consequence” that only Claimants who could afford to pay the fee would be able to present a claim online.
This legal update is provided for general information purposes only and should not be applied to specific circumstances without prior consultation with us.
For further details on any of the issues covered in this update please contact Gemma Ospedale, Partner in Employment on 020 7583 2222.
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