EAT Jurisdictional Points: Extension of Time: Just and Equitable – In an appeal against an Order of the Registrar of the EAT to refuse an application for an extension of time to lodge an appeal, there is no restriction on the material that can be considered by the EAT Judge. Any material properly before the Judge at the appeal can be considered, if relevant to the issue of the merits of the application to extend time to lodge the appeal.
In a case where the Employment Tribunal found that the Claimant and his representative had deliberately and persistently failed to comply with Orders and the reasons given for extension of time to lodge an appeal had altered over time and were inconsistent with the Claimant’s own position, the irresistible conclusion was that the application for extension represented the type of questionable tactics and procedural abuse cautioned against in United Arab Emirates v Abdelghafar and Abbas and extension of time to appeal would not be granted.
Lady Wis
[2016] UKEAT 0919 – 15 – 0408
Bailii
England and Wales
Employment
Updated: 20 January 2022; Ref: scu.567947
