PRACTICE AND PROCEDURE – Time to Appeal
The claimant in the employment tribunal brought a number of distinct complaints. The tribunal’s reserved written judgment promulgated following a trial erroneously stated that a particular complaint had succeeded when in fact that particular complaint had failed, as was unambiguously clear from the accompanying written reasons. The tribunal subsequently issued a certificate of correction, correcting the judgment in that regard, together with a further copy of the original decision showing that correction.
Time for appealing from, or seeking a reconsideration of, the tribunal’s substantive decision, was not affected by that, and continued to run from the date of promulgation of the original decision. Aziz-Mir v Sainsbury’s Supermarket Plc UKEATPA/0537/06/JOJ, and authorities following it, distinguished. Majekodunmi v City Facilities Management UK Ltd UKEATPA/0157/15 followed and applied.
However, at the same time as it sent out the certificate of correction and corrected copy of its decision, the tribunal also issued a standard letter referring to time to appeal running from 42 days from the date of the judgment. That sent a conflicting message to the claimant, giving rise to uncertainty for which he was not to blame, such that, exceptionally in this case, his time for instituting his appeal should be extended.
Citations:
[2022] EAT 122
Links:
Jurisdiction:
England and Wales
Employment
Updated: 10 September 2022; Ref: scu.680323