Background

Earlier this month, the Southampton Employment Tribunal agreed to grant a Claimant, Miss Dhami, an extension of time to bring her claims.

This follows the Supreme Court’s decision in July to quash fees in the Tribunal under the Employment Tribunals and Employment Appeals Tribunal Fees Order 2013 (“the Order”). Miss Dhami claimed that, as the Order was unlawful; all decisions made under the Order were also unlawful.

Facts

Miss Dhami was employed by Tesco. She brought claims of age and disability discrimination. These were presented in time, but her application for fees remission under the Order was unsuccessful. She failed to pay the fees and her claims were rejected. By the time she learned that her claims had been rejected, she was out of time, but brought fresh claims that Tesco argued should be refused.

The Southampton Tribunal disagreed with Tesco and granted Miss Dhami an extension of time; allowing her claims to proceed.

Further information about the case can be found here

Comment

This is possibly the first case where the recent Supreme Court decision has had an impact on cases/access to justice. When the Order came into effect there was a 70%+ reduction in Tribunal claims.  Will we see this trend reverse?

If you have any questions about this subject or any employment-related legal issues, please contact your dedicated employment law solicitor. Alternatively, please call us on 01483 411 533 and we would be delighted to assist you.