Mrs J Donker v Limited (in Liquidation) — 2019

The claimant had presented a claim online using an incorrect workplace postcode, which caused the claim to be directed to London Central Employment Tribunal. That claim was accepted there, and later transferred to Glasgow after it became apparent that the claimant lived and worked in Glasgow and that the respondent had no relevant English base.

The respondent argued that the London claim should not have been accepted because London Central lacked jurisdiction, and that initial consideration under Rule 26 should lead to dismissal. The Tribunal treated the matter before it as transferred proceedings under Rule 99 and considered whether the Glasgow Employment Tribunal had jurisdiction over the transferred case. It concluded that Glasgow did have jurisdiction and that the accepted London claim could proceed.

The Tribunal distinguished McFadyen because in that case there had been no live claim transferred to the Scottish Employment Tribunal, whereas here the London claim had been accepted and then transferred. As the London claim was common ground to have been presented in time, the timebar issue was no longer live and a case management preliminary hearing was fixed to arrange the final hearing and clarify issues, including remedy and comparator matters.