Invalidly Presented Claims

The case of the Commissioner of Police of the Metropolis v Mr C. Rixon has demonstrated a little-known aspect of Employment Tribunal procedure regarding claims that are presented invalidly.

Mr Rixon was a serving police officer who was granted anonymity for his participation in the Stockwell Tube inquest. He subsequently brought a whistleblowing case against his employer within the specified time limit. However, having taken advice on the matter, he did not provide his name and address with his claim. The claim was rejected because these details were omitted.

Five weeks after the limitation date, he submitted an amended claim, this time including his name and address. A Case Management Discussion determined that this claim was still in time - however, the respondent disagreed with this finding, and so the case was taken to an Employment Appeal Tribunal (EAT) on this point.