John Lewis PLC
Decision Overview
Case Summary
The claimant legally changed his name by deed poll between obtaining an early conciliation certificate and presenting his ET1 claim form, resulting in different names appearing on the two documents. The Employment Tribunal rejected the claim under Rule 12(1)(e). The EAT allowed the appeal by consent, holding that the tribunal erred by failing to consider whether the claimant made an error in relation to a name under Rule 12(2A) and by failing to consider whether Rule 6 entitled it to waive the requirement.
Why this outcome?
Claim not well-foundedThe tribunal erred in law by rejecting the claim without considering whether the claimant had made an error in relation to a name as required by Rule 12(2A), and by failing to consider whether Rule 6 entitled it to treat the name requirement as satisfied. Where a claimant accurately provided their name on both the EC certificate and ET1 but changed their name legally in between, this constituted an error in relation to a name, and it would not be in the interests of justice to reject the claim.
Claim Types
Key Issues
- •Whether Employment Tribunal erred in rejecting claim form where claimant's name on ET1 did not match EC certificate due to legal name change by deed poll
- •Whether Rule 12(1)(e) and Rule 12(2A) of Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 applied
- •Whether claimant made an error in relation to name within meaning of Rule 12(2A)
- •Whether Rule 6 permitted tribunal to waive the name matching requirement
Decision Text
Judgment approved by the court for handing down Bickley v John Lewis Plc © EAT 2026 Page 1 [2026] EAT 59 Neutral Citation Number: [2026] EAT 59 Case No: EA-2024-001245-OO EMPLOYMENT APPEAL TRIBUNAL Rolls Building Fetter Lane, London, EC4A 1NL Date: 22 April 2026 Before : MARCUS PILGERSTORFER KC DEPUTY JUDGE OF THE HIGH COURT IN CHAMBERS Between: MR ISAAC BICKLEY Appellant - and - JOHN LEWIS PLC Respondent - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - No appearance or representation for the Appellant No appearance or representation for the Respondent - - - - - - - - - - - - - - - - - - - - - JUDGMENT Judgment approved by the court for handing down Bickley v John Lewis Plc © EAT 2026 Page 2 [2026] EAT 59 SUMMARY Practice and Procedure: Rejection of ET1 The Claimant legally changed his name by deed poll between the issuing of an EC certificate and the presentation of the ET1 form, resulting in different names appearing on the two documents. The Tribunal rejected the claim under Rule 12(1)(e) of Schedule 1 to the Employment Tribunals (Constitution and Rules of Procedure Regulations 2013. Held, allowing the appeal by consent: 1. The Tribunal erred in law by rejecting the claim without considering whether the Claimant had made an error “in relation to a name”. Further, the Trib...
Case Facts
- Claimant
- Mr I Bickley
- Case Number
- [2026] EAT 59
- Appeal result
- Appeal allowed · Remitted
- Tribunal
- Employment Appeal Tribunal
- Level
- Appeal
- Decision Date
- 22 April 2026
- Published
- 22 April 2026
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Marcus Pilgerstorfer KC, Deputy Judge of the High Court