EAT Jurisdictional Points: Extension of Time: Reasonably Practicable – PRACTICE AND PROCEDURE – Time for appealing
The Claimant submitted a claim form, fee, and application for remission to an Employment Tribunal office four days before time expired. It was returned to her as rejected, mis-addressed by omission of her house number, at a time when it could not be re-submitted without being out of time, though the Claimant submitted it at the first opportunity. The Judge inferred from her evidence and the material before him that she had not fully entered the ACAS conciliation number she had been given on her application form, and that the Employment Tribunal had been obliged by Rule 10(1)(c)(i) of the Employment Tribunal Rules to reject it. No argument was made that it had not been reasonably practicable to submit the claim on time. An appeal on grounds that the Employment Judge should not have drawn the inference he did, and that he had failed to hold it not reasonably practicable to submit the claim in time, was rejected – the former was a permissible conclusion, the second had not been argued before him but in any event he also dealt with the question and concluded that the reason for being out of time was the failure of the Claimant to record the ACAS number fully and correctly, a conclusion he was entitled to reach.
Langstaff P J
[2015] UKEAT 0439 – 14 – 1802
Bailii
England and Wales
Employment
Updated: 30 December 2021; Ref: scu.546502