In this case the Claimant lodged a Notice of Appeal that covered both an original judgement and a reconsideration judgement. The Notice was refused at sift insofar as it incorporated grounds of appeal arising from the reconsideration judgement on the basis that it was incompetent to appeal two orders arising from separate hearings in a single Notice of Appeal. On learning of the sift judge’s decision the Appellant lodged a new Notice of Appeal covering the grounds of appeal she wished to state against the reconsideration judgement. It was rejected by the Registrar as out of time. The Appellant submitted that the Registrar should not have rejected the second Notice of Appeal. Held that provided the Notice of Appeal made it clear that the Appellant sought to appeal the original judgement and the reconsideration judgement and both appeals were lodged within the time limits set by the Rules, the Notice of Appeal was competent to bring under appeal both the original judgement and the reconsideration judgement. Held further that had it been necessary to consider the matter, an extension of time would have been granted to permit the second Notice of Appeal to be received.
Citations:
[2021] UKEAT 00036 – 18 – 1501
Links:
Jurisdiction:
England and Wales
Employment
Updated: 09 December 2022; Ref: scu.661682