EAT PRACTICE AND PROCEDURE:
Estoppel or abuse of process
Review
The Respondent sent an application to the Employment Tribunal which rejected it as being incomplete. The Respondent then launched a second application out of time. She also applied for a review of the rejection of the first application. One of the questions on the determination of the issue whether an extension of time should be granted for the second application was whether particulars had been attached to the first application so that it was in fact complete. The Chairman dealing with the application held they had not and refused to extend time. On the subsequent hearing of the applications to review the rejection of the first application another Chairman held on written representations that from his experience the particulars might have been lost by the Employment Tribunal and ruled that the first application had therefore been rejected by administrative error and allowed the review. He rejected the Appellant’s submission that the Respondent was estopped by the decision of the first Chairman from asserting that the particulars had been sent with the first application and lost.
Held: He was wrong to do so.
Citations:
[2008] UKEAT 0078 – 08 – 1404
Links:
Jurisdiction:
England and Wales
Employment
Updated: 17 July 2022; Ref: scu.269766
