EAT PRACTICE AND PROCEDURE: Time for appealing
The law and practice on out of time appeals described in Muschett EAT were accepted to be correct. The application in Consignia v Sealy CA of the two-day postal rule in CPR6.7 to the Employment Tribunal’s ‘not reasonably practicable’ jurisdiction does not be extend to the 42-day time limit for a Notice of Appeal in the EAT. CPR6.7 is an irrebuttable deeming provision. Different considerations apply to first instance and appellate jurisdictions where EAT R35(3) applies. After hearing live evidence, a Notice of Appeal posted on day 40, arriving on day 43, and a Notice of Appeal arriving at the Employment Tribunal on day 39 and the EAT on day 54, were out of time and discretion would not be exercised.
Citations:
[2008] UKEAT 0013 – 08 – 2005
Links:
Jurisdiction:
England and Wales
Employment
Updated: 07 August 2022; Ref: scu.271316