Source: All England Reporter
Publisher Citation: [2005] All ER (D) 335 (Jul)
Court: Employment Appeal Tribunal
Judge:

Burton J
Representation Neil Downey (instructed by Rickinsons, Preston) for the employer.
Judgment Dates: 8 June 2005

Catchwords

Employment tribunal - Procedure - Originating application - Delivery of claim form by electronic mail - Non-delivery - Claimant having no reason to suspect non-delivery - Tribunal holding that it had been reasonable for claimant to assume claim form having been received - Whether tribunal in error - , s 111.

The Case

The right course was to ask what the reasonable expectation of the sender of a claim form by e-mail had been. The tribunal was entitled to find that, absent any contra-indication, the reasonable expectation of the sender of an electronic mail communication was that it would arrive within a very short time thereafter, notwithstanding that, just as there were occasions of delays in the post but the reasonable expectation remained that arrival would take place within two working days, so there were occasions when e-mails disappeared into the ether.

Practice Areas

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