The rules required a notice to be sent not less than 14 days before a date fixed for a hearing.
Held: The word ‘send’ in Rule 5 refers to the date when the notice is received or deemed to have been received under the Interpretation Act. In so concluding, it relied upon section 7 of that Act. Popplewell J said: ‘In the present case the Regulations provide an authorised service by post. In our judgment, that therefore requires this appeal tribunal and the industrial tribunal to have regard to the Interpretation Act 1978. If regard is had to the Interpretation Act 1978, it is the date of deemed receipt or actual receipt (it matters not in this case) to be applied and not the date on which it is sent and we see nothing in the Regulations to lead us to a contrary view. There is nothing to suggest that there is anything in the Regulations where the contrary intention appears.’
Judges:
Popplewell J
Citations:
[1986] ICR 546
Statutes:
Cited by:
Applied – Immigration Advisory Services v Oommen EAT 19-Mar-1997
The claimant had been ordered to pay a deposit as a condition of being allowed to proceed with the claim which the tribunal had judged to have no reasonable prospect of success. The claim was struck out after the tribunal had been wrongly told that . .
Disapproved – Mock v Inland Revenue EAT 1-Mar-1999
In the context of the time for appealing to the EAT under Rule 3(3) EAT Rules 1993, as amended, ‘sent’ referred to the date appearing on the ET ‘decision’.
Morison P said: ‘Industrial Tribunal chairmen are required to produce reasons. When . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 05 May 2022; Ref: scu.347415