EAT PRACTICE AND PROCEDURE – Time for appealing
Time for appealing two out of time appeals was enlarged.
In the first, the Claimant did not know there was a right of appeal and when she found out, on contacting the Employment Tribunal, reasonably relied on its assurance that the matter was being actioned. The solicitors did not pass on The Judgment booklet or advice on appeal.
In the second, the Appellant’s (the Fourth Respondent) solicitors did not act speedily but the Appellant knew the deadline and did it himself. He appealed a costs order only. He did not include the ET3 of the First Respondent which had been dismissed from the Employment Tribunal proceedings. That is not an error. He did not include the ET3 of the two other Respondents (apart from himself). That was an error but it was excused by his belief that since they were not affected by the order against him, he had no need to include them. This explanation was reasonable and was accepted.
Judges:
McMullen QC J
Citations:
[2011] UKEAT 0824 – 10 – 1103
Links:
Jurisdiction:
England and Wales
Employment
Updated: 06 September 2022; Ref: scu.431874