Employment Cases Update

Galloway v Wood Group UK Ltd UKEATS/0017/18/JW

Date published: 15/02/2019

Appeal against the ET’s finding that a duty to send a form to “an email address” was fulfilled by sending it to an invalid email address. Appeal allowed.

The Appellant provided an email address (which was inadvertently missing a character) for the purposes of receiving an early conciliation certificate from ACAS, by virtue of reg 9(2) of Schedule 1 to the Employment Tribunals (Early Conciliation: Exemptions and Rules of Procedure) Regulations 2014. The certificate was not received and, when the error was picked up, the claim was out of time. The Appellant argued before the ET that the time should not run from the date when the email was sent (and not received), but the ET disagreed. The Appellant appealed.

The EAT held that the expression "an email address" meant an actual email address, finding it difficult to accept that Parliament intended those words to include an invalid address that could not be recognised as an email address.

Employment Claims without a Lawyer 2nd edition published March 2018

Read the full text of the judgment on BAILII.

Pre-order the 2019-20 edition of the Emp;oyment Tribunal Remedies Handbook and get a free digital edition worth £45