Practice and Procedure – Time for Appealing
The appellant was the respondent in the employment tribunal. By a notice of appeal emailed to the EAT after 4pm on the last day for appealing, it sought to appeal a rule 21 judgment given against it in the absence of any response having been entered to the claim.
The appellant correctly asserted that the rule 21 decision attached with the notice of appeal, contained the tribunal’s reasons for granting the judgment, brief though they were, and whether or not they were sound or adequate. The notice of appeal was not accompanied by a copy of the claim form, but the appellant put forward an explanation for why not, which reflected its CEO’s understanding at the time, of what had happened to the copy that had been sent out to it by the employment tribunal. It was not accompanied by a copy of any response form, because none had been entered. In those circumstances, the appeal was properly instituted by that email, but, as it was sent after 4pm, it was one day out of time.
The application for an extension of time relied upon what were said to be the effects of the appellant’s CEO’s mental impairments of ADHD and depression. Applying the guidance in J v K [2019] ICR 815 to the particular evidence presented at the hearing in the EAT, including medical evidence and the live evidence of the CEO on which he was cross-examined: (a) the CEO did have the mental impairments claimed; (b) on the balance of probabilities the impact of them was a material and substantial part of the explanation for why the appeal was instituted late; and (c) there were no compelling countervailing reason nevertheless not to extend time. Time was therefore extended.
Judges:
His Honour Judge Auerbach
Citations:
[2022] EAT 130
Links:
Jurisdiction:
England and Wales
Employment
Updated: 11 September 2022; Ref: scu.680698