||All England Reporter
|| All ER (D) 335 (Jul)
||Employment Appeal Tribunal
||Neil Downey (instructed by Rickinsons, Preston) for the employer.
||8 June 2005
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 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.
- The All England Law Reports comprises judgments with headnotes and catchwords indicating the area of law and key issues of the case prepared by legally qualified editorsFind AllER Reports
- Cases related to this particular case that are related to, or discuss this caseView related cases
- Commentary discussing this particular case from LexisLibrary's comprehensive range of titles including Butterworths, Halsbury's and TolleyView related commentary