• Robert Spicer

Employment Appeal Tribunal: time limit

EMPLOYMENT TRIBUNALS

Time limits for appeal

Case Haydar v Penine Acute NHS Trust [2018] EWCA Civ 1435

Facts H brought proceedings against P. The ET upheld his claim for unfair dismissal, with a 50% deduction for contributory conduct, and dismissed his claims of discrimination. H wished to appeal the judgment.

He had until 27 May 2014 to appeal. He lodged a valid notice of appeal on 12 May 2014 but there was no record of the appeal being received by the EAT, and H received no acknowledgment. Five weeks later H realised he had heard nothing. He telephoned the EAT, and was told they had not received the appeal paperwork. H resent the appeal paperwork, and it arrived on 7 July 2014. This was out of time and H applied for an extension.

This was refused and H appealed to the EAT. The appeal was dismissed and H was referred to a booklet called “The Judgment” available online. This explains the appeal process, and the strict time limits. The booklet states as follows:

If you have not received an acknowledgment from the EAT within seven days of posting the notice of appeal, you should contact the EAT to confirm they have received your appeal”.

H appealed to the Court of Appeal.

Decision 1.The appeal was dismissed.

  1. H had not sought to obtain a copy of the booklet. He had made several appeals previously to the EAT, and was conversant with the process. The loss of the paperwork was a good reason for an initial delay, but there came a point where the onus was on the litigant to take the initiative and check that the package had been received.

0 views0 comments

Recent Posts

See All

EVICTION AND THE LAWYER

England’s coronavirus ban on evictions came to an end on May 32, 2021. The Joseph Rowntree Foundation has reported that 400,000 private renters have been served with eviction notices or told to expect

Redundancy: significant cases

MISCELLANEOUS CASES Written notice Haywood v Newcastle upon Tyne Hospitals NHS Foundation Trust [2018] UKSC 22, Supreme Court The Trust identified H’s post as redundant. If her employment terminated b

Redundancy: time off to look for work

TIME OFF TO LOOK FOR WORK Employees with at least two years continuous employment are entitled to reasonable time off during a redundancy dismissal notice period. Reasonableness involves a balance bet