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.
A claimant's name and address is part of the information required to start an employment tribunal case, with the only exceptions being due to national security concerns and restricted reporting orders. This was why the initial claim was rejected.
However, the Tribunal can accept a claim that was presented in an invalid manner provided two conditions are met, namely that:
1. The case was not presented correctly originally because it
was not reasonably practical to do so, and;
2. It was presented within a reasonable time frame afterwards.
The Judge presiding over the EAT determined that it had not been practicable for Mr Rixon to present a valid claim within the original time limit given his understanding of the requirements at that time. Further, once he had been made aware of what was required to make his claim, he had amended his claim and resubmitted it within a reasonable time period of five weeks.
Mr Rixon's claim therefore met the two conditions, and so the decision to allow his case reached by the Case Management Discussion had been correct in law.
Overall, this judgement highlights the scope that tribunals have to accommodate exceptional circumstances when considering claims. Provided the claimant acts reasonably, their case will be considered on its merits
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