Where, because of the operation of s.32(3) of the Employment
Act 2002, a tribunal lacked jurisdiction to hear prematurely filed claims, the
fact that it went on to hear and "informally" determine the claims could not
prevent the employer from later exercising its right to put its case before the
same tribunal, once it had jurisdiction to hear the claims.
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KEY POINTS
In Excel
Management Ltd v Lumb 1 the
EAT holds:
- A tribunal that, with the agreement of the parties,
had heard evidence and reached preliminary non-binding conclusions on
claims in respect of which it lacked jurisdiction because they had been
filed too early in breach of s.32(3) of the Employment Act 2002, was wrong
to deny the employer the right to adduce fresh evidence and make further
submissions at a later hearing of the claims before the same tribunal.
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