Secret Policeman has a Ball at the EAT

[Thanks to Ed McFarlane of EEF for providing this case summary]

The EAT has handed down judgment in the case of Commissioner of the Metropolitan Police v Rixon which is authority for the proposition that an initial decision to reject a claim can be reconsidered at a PHR applying Rule 3 (9).

The Claimant, a serving Police Sergeant, had given anonymous evidence at the Stockwell Tube shooting inquest. He then made a timely but anonymous whistleblowing claim, giving only his representative's details. The Tribunal rejected the Claim Form, lacking required information, his name and address. He later e-mailed in his name and address, out of time, and the "complete" Claim Form was accepted. The Commissioner's contention at a PHR that the Claim Form was presented late failed, the Tribunal having extended time on the facts.

The EAT held, dismissing the appeal, that at the PHR the Tribunal ought, applying Rule 3 (9), to have accepted Claim Form as first presented, and observed that where a claim might be thrown out on procedural grounds "...elementary observance of human rights requires... an opportunity for input by a Claimant..." (para. 15).