Want to talk to an expert employment law solicitor?

You'll receive a callback from a specialist within an hour

In this post we’re going to take a look at an Employment Appeal Tribunal judgment that was released last year: Fairbank v Care Management Group UKEAT/0139/12/JOJ. This case looks at the powers of an Employment Judge and whether they’re

  1. What were the facts of Fairbank v Care Management Group?
  2. What is the law relating to what should be in an ET1?
  3. What was the Employment Appeal Tribunal’s judgment?
  4. What our employment solicitors think about this case

What were the facts of Fairbank v Care Management Group?

The Claimants (Mr Fairbank and Mr Evans) in Fairbank v Care Management Group submitted their ET1 claim forms to the Employment Tribunal. These claim forms were fairly lengthy – Mr Fairbank’s claim ran to 27 pages and 66 paragraphs, whilst Mr Evans’ ran to 27 pages and 69 paragraphs. The Employment Tribunal ordered that the Claimants must reduce their claims to a “minimal statement of the supporting facts” of not more than one side of A4 paper. The Claimants appealed on the following grounds: that the decisions of the Employment Judges were perverse, incorrect and an improper exercise of discretion.

What is the law relating to what should be in an ET1?

The starting point for procedural issues relating to ET1 claim forms is the infamous case of Chapman v Simon [1994] IRLR 124, where the Court of Appeal ruled that the only claims which may be pleaded in the Employment Tribunal are those raised in the claim form. However, there are no rules which prescribe the form or format in which an Employment Tribunal claim may be made, save that the claim be submitted on the prescribed ET1 claim form, and that the claimant’s name, address, the name of the respondent, the respondent’s address, and details of the claim be included.

What was the Employment Appeal Tribunal’s judgment?

The Employment Appeal Tribunal decided that the appeal should be allowed on the basis that the Employment Judges did not have the power to make the order that they did – there was no power for the Employment Judge to prescribe the content of an ET1 form (save for the above necessary inclusions). The case was therefore remitted back to the Employment Tribunal for case management discussions.

What our employment solicitors think about this case

Chris Hadrill, an unfair dismissal solicitor at Redmans, commented that “it can often be frustrating to receive relatively incomprehensible and lengthy ET1 claim forms from lay Claimants but this is an occupation hazard. Employment Tribunals should not undertake actions when they do not have the power to do so and should not – in the specific sense – curtail the length of an ET1 claim form”.

Redmans Solicitors are employment solicitors based in London

logo_website

About

Redmans Employment Team deal with employment matters for both employers and employees, including drafting employment contracts and policies, advising employers and employees on compromise agreements, handling day-to-day HR issues, advising on restructures, and handling Employment Tribunal cases for both employers and employees Call 020 3397 3603 to speak to one of the members of our employment team or email us on enquiries@redmans.co.uk. Redmans have offices in Richmond, Chiswick, Hammersmith, Fulham, Kingston, Wimbledon, Ealing, Kings Cross and Marylebone (meetings strictly by appointment only).

Want to talk to an expert employment law solicitor?

You'll receive a callback from a specialist within an hour

Share →

Our awards

Request a callback

    Your first name (required)

    Your last name (required)

    Your email (required)

    Your telephone number (required)

    Brief details of your enquiry

    Contact us

    Please feel free to discuss your own position and concerns. Contact your nearest office on:

    T: 020 3397 3603
    E: enquiries@redmans.co.uk
    W: www.redmans.co.uk

    Testimonials

    4.78 Average

    261 Reviews

    Karen T

    Great service. Thank you.

    Posted 1 day ago

    Anonymous

    Excellent service from Chris & Mel Chin. The best outcome was achieved from the redundancy process. They were extremely thorough, listened carefully and acted swiftly on my behalf. I highly recommend Redmans Solicitors

    Posted 2 days ago

    Shanine M

    Excellent service, thank you so much!

    Posted 3 days ago

    Anonymous

    I found Caroline and Chris very Helpful and provided excellent service. Caroline especially provided great legal advice and made me feel at ease with the whole process. I would highly recommend them. Thank you!

    Posted 3 days ago

    Gayle B

    Excellent company very professional would definitely recommend

    Posted 5 days ago

    Alex K

    Redmans provided an excellent service, timely and effective. Will definitely recommend.

    Posted 5 days ago

    Anonymous

    Great job done on my employment law

    Posted 5 days ago

    Dominica S

    Caroline & Chris were very prompt and efficient.Very happy with the service and will definitely recommend Redmans Solicitor to everyone !

    Posted 6 days ago

    Sandra K

    If you are looking for a group of solicitors who are Professional, Caring and on point, then look no futher than Redmans. I was literally hand held through out my case. Can not find fault with this company, very happy with the result and the service i received. Would highly recommend Redmans.

    Posted 6 days ago

    Anonymous

    I found dealing with Redmans a pleasure. I got to speak to someone quickly, the advice was profferred promplty and the service was not 'pushy'. In addition, the administration was excellent. What more could you ask for?

    Posted 6 days ago

    ALISDAIR L

    Redmans did a brilliant job regarding my redundancy agreement. I miss read an extra charge which wasnt the case so doing a new review to clarify. I would recommend Redmans for any employment law issues you may have.

    Posted 1 week ago

    Christos G

    Great legal advice and quick correspondence. Very supportive and helpful through the entire process. Thank you Redmans!

    Posted 1 week ago

    Anonymous

    Chris Hadrill advised me on a redundancy settlement agreement. He was very responsive, easy to deal with and gave me good advice at a stressful time.

    Posted 1 week ago

    Zara M

    Rana at Redmans gave me support and confidence I needed to ensure a wrong, was put right. I couldn’t recommend enough.

    Posted 1 week ago

    Stuart T

    Chris provided an excellent service, he was efficient and friendly and I had no doubt when recommending him to my colleagues

    Posted 1 week ago

    Anonymous

    Excellent service, prompt responses. Chris Hadrill provided excellent and efficient service.

    Posted 1 week ago

    Jane M

    Wonderful solicitors who really listen to you and who are there to offer expert legal advice but they also have a personal touch and you really feel supported both from a legal aspect but also from a personal aspect. They really listen .

    Posted 2 weeks ago

    Anonymous

    They dealt with my case professional and swiftly. The advise was helpful and enabled me to make the right decisions in my case.

    Posted 2 weeks ago

    Anonymous

    I have received a great legal advice from Redmans on a very short notice. I’d highly recommend them.

    Posted 2 weeks ago

    Michael D

    Excellent, efficient advice - the whole matter was concluded with minimum fuss and an excellent outcome.

    Posted 2 weeks ago

    Michael Q

    I found Redmans via the internet. I was looking for a solicitor with employment law experience and they fitted the bill. I was very pleased with the advice/service that I received leading to a good outcome for me.

    Posted 2 weeks ago