Name error on claim form: tribunal accepts late claim after rule change

This case highlights the importance of getting the respondent's name right on an employment tribunal claim form, but also shows that mistakes can be fixed. The claimant, a railway employee, initially filed a claim against 'First Group plc. GWR' – the brand name he saw on correspondence. His employer's actual legal name was 'First Greater Western Limited', a subsidiary within a complex group. The tribunal rejected the claim because the names didn't match.

What the tribunal decided

The claimant applied for reconsideration, explaining he was a litigant in person when he started early conciliation and had simply used the name that appeared on his disciplinary letters. By the time he instructed solicitors, they spotted the error. The tribunal accepted that this was an understandable mistake, especially given that the group used multiple trading names. The rules had also recently changed to make it easier to correct such errors – from requiring a 'minor error' to just 'an error'.

Why the result matters

The tribunal accepted the claim from 16 October 2020, the date the error was explained, rather than the original presentation date. This meant the claimant lost some time but could still proceed. The decision shows that tribunals will be pragmatic where the error is genuine and the correct entity is identifiable. For employees, it's a reminder to double-check the employer's legal name – but also that a mistake won't necessarily be fatal if you act quickly to correct it.

What the respondent could have done differently

First Greater Western Limited could have avoided this procedural wrangle by ensuring its correspondence clearly stated its legal name alongside any brand. Many large employers use multiple trading names, which can confuse employees. Clearer communication might have prevented the error altogether.