Thanks to Keira Gore of Outer Temple Chambers for preparing this case summary
Must a claim be accompanied by a fee, or an application for fee remission, at the time it is presented?
Yes, held the EAT in Deangate Ltd v Hatley, but ticking the 'yes' box in relation to remission in the ET1 amounts to an application.
Three Claimants presented their claims online one day before the time limit for claiming expired. Their claims were not accompanied by a fee or an application for fee remission. However, in answer to a question in the ET1 'do you intend to submit an application for remission?' the Claimants ticked the 'yes' box. They submitted applications for fee remission within seven days.
The Respondent argued that the claims had to be rejected under Rule 11(1) of the procedural rules, which states: 'the Tribunal shall reject a claim if it is not accompanied by a Tribunal fee or a remission application'. The EAT disagreed.
Langstaff P held that the applicable legislation provided for a choice to be made at the time of presenting a claim between paying a fee or applying for remission. By ticking the 'yes' box the Claimants made an unequivocal choice to apply for remission, which was sufficient to amount to an application, albeit that it was necessary to augment the application with further information. A policy of allowing further information to be given within seven days was likely to provide a sensible timescale.