Terms and ConditionsLast Updated: May 2018
- General terms and conditions
- Applicable law
- Responsible use of this service
- General Data Protection Regulations (GDPR)
General terms and conditions
These terms and conditions affect your rights and liabilities under the law. They govern your use of and relationship with this ‘apply to an employment tribunal’ service. These terms and conditions may differ from other government online services and as such should be accepted in the context of this service only. They do not apply to any other department or service that is linked to in this service.
We may occasionally update these terms and conditions. this might happen if there is a change in the law or to the way the service works. If there is a change, you will be asked to agree to the new terms and conditions the next time you use the service, so you can continue to use this service.
Your use of this service and any dispute arising from its use will be governed by and construed in accordance with the laws of England and Wales, including but not limited to the:
- Computer Misuse Act 1990
- General Data Protection Regulations 2018
- Data Protection Act 2018
- Mental Capacity Act 2005
Responsible use of this service
The service is intended for use by appellants and applicants, or by others (representatives) on your behalf and only with your consent. If you use the save and return feature of the service, then it is your responsibility to keep your sign in details safe. You should not share your sign in details or case reference number with anybody you don’t trust. HMCTS is not responsible for any breach of information security due to sharing of signin or case details.
Although the service will automatically sign you out after 30 minutes of inactivity (and any unsaved data will be lost), there are risks in using a shared computer (e.g. in an internet café), to access this service. It is your responsibility to be aware of these risks and to avoid using any computer which may leave your personal information accessible to others. You are responsible if you choose to leave a computer unprotected while signed in to the service.
We make every effort to check and test this service whenever we amend or update it. However, you must take your own precautions to ensure that the way you access this service does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your computer system.
You must not misuse this service by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to this service, the system on which it is stored, or any server, computer or database connected to it. You must not attack our site via a denial-of-service attack or a distributed denial-of-service attack.
General Data Protection Regulations (GDPR)
This service complies with all principles of the GDPR. Ministry of Justice (MoJ) is the 'data controller' for the purposes of the Act.
After submitting your claim, you will not be able to see it anymore or amend it online. Anyone who believes their personal data is kept within the service has the right to submit a subject access request to the MoJ, who will give details of the information that is currently stored. If a subject access request shows that the information is inaccurate, the MoJ will amend or delete the information in the database as requested within 5 days. In these circumstances, we will warn the registered user first by email.
Only HMCTS staff responsible for supporting the service will have access to documentation you provide online, for 60 days from the date that you submitted your case, and the data within the internal case management application where all personal information entered into the online site is stored for the management of your case.
We do not accept liability for loss or damage incurred by users of this service, whether direct, indirect or consequential, whether caused by tort, breach of contract or otherwise. This includes loss of income or revenue, business, profits or contracts, anticipated savings, data, goodwill, tangible property or wasted time in connection with this service or any websites linked to it and any materials posted on it. This condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.