In Excel Management Ltd v Lumb EAT/0121/06, the Employment Appeal Tribunal holds that 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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