PRACTICE AND PROCEDURE – Time for appealing Rule 39(1) of the Employment Appeal Tribunal Rules 1993 (‘the Rules’) is not relevant to the process of deciding whether an appeal has been lodged in time pursuant to Rule 37(1) of the Rules because the appeal process does not start until an appeal is properly instituted and … Continue reading J v K and Another (Practice and Procedure: Time for Appealing): EAT 10 May 2017
At a preliminary hearing, when the respondent failed to appear, the tribunal decided that it had jurisdiction to hear a case brought by the claimant against the respondent despite the 1978 Act. The respondent sought to appeal out of time. Held: The Appeal Tribunal should pay regard also decisions on the procedure and practice of … Continue reading United Arab Emirates v Abdelghafar and others: EAT 29 Jul 1994
EAT Whether Notice of Appeal out of timeExtension of timeNotice of Appeal sent by Appellant’s representatives to an e-mail address of the EAT and that e-mail address had ‘successful delivery’ of the e-mail from the Appellant’s representatives. It matters not whether the e-mail from the Appellant’s representatives appeared in any ‘In-box’ in the EAT’s system; … Continue reading Patel v South Tyneside Council and Others: EAT 28 Nov 2011
Iniquity surpasses legal advice privilege PRACTICE AND PROCEDURE – Disclosure PRACTICE AND PROCEDURE – Striking-out/dismissal An Employment Judge struck out paragraphs of the Claimant’s claim as they depended on an email in respect of which legal advice privilege was claimed. In considering whether privilege could not be claimed as the advice in the email was … Continue reading X v Y Ltd (Practice and Procedure – Disclosure): EAT 9 Aug 2018
The employment tribunal had struck out a claim under Rule 37(1)(b)(c) and (e) of the 1993 Rules. It concluded that certain email communications from the Claimant to a witness were ‘scandalous, unreasonable and vexatious’ in that they were designed . .