EAT Whether Notice of Appeal out of time
Extension of time
Notice 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; what matters is whether the e-mail ‘hit’ the EAT’s server. Yellow Pages Sales Ltd v Davie UKEATS/0017/11/BI applied. Accordingly Notice of Appeal in respect of Decision 1 of the Employment Tribunal in time.
Decision 1 of ET contained a clerical error as to date on which the Reasons were sent to the parties. ET issued Decision 2 which contained the judgment and reasons of the Tribunal in their entirety; signed and dated afresh by the Employment Judge and the clerk. Decision 2 is not a correction to Decision 1 in the form required by rule 37(1) of the Employment Appeal Tribunal Rules 1993. It is an entirely fresh judgment. Time for appeal runs from the date on which Decision 2 sent to the parties. Aziz-Mir v Sainsbury’s Supermarket plc UKEAT PA/0537/06 applied. A Certificate of Correction sent subsequently cannot have the effect of correcting Decision 1.
If Notice of Appeal out of time, time should be extended in the exceptional circumstances of the case. Muschett v Hounslow LBC [2009] ICR 424 applied. Appellant not at fault. Whether or not the receipt was from the EAT, the Appellant’s legal advisers were entitled to assume that the Notice of Appeal had been properly served on the EAT.
Judges:
Supperstone J
Citations:
[2011] UKEAT 0917 – 11 – 2811
Links:
Jurisdiction:
England and Wales
Employment
Updated: 29 September 2022; Ref: scu.449418
