0370 270 6000

already registered?

Please sign in with your existing account details.

need to register?

Register to access exclusive content, sign up to receive our updates and personalise your experience on brownejacobson.com.

Privacy statement - Terms and conditions

Court of Appeal rules that an appeal submitted out of time should be allowed to be heard

28 January 2019

The Court of Appeal ('CA') has recently permitted an application for an extension of time to submit an appeal with the Employment Appeal Tribunal ('EAT') because it was in the interests of justice to do so.

The Claimant’s notice of appeal was submitted by email five minutes before the deadline for submitting the appeal. The Claimant had attached a file which exceeded the maximum size limit allowed by the Employment Appeal Tribunal’s ('EAT') server. Ordinarily, parties are provided with documentation which offers guidance on submitting an appeal. The Claimant had not, however, been provided with this document and so was not aware of attachment size limitations.

The Claimant later re-sent the attachment, within the size limitation, albeit after the appeal deadline. The CA commented that it was reasonable for an uninformed person to expect that a single email containing all attachments would be accepted. As the Claimant had not received the guidance documentation, the Claimant should not have been criticised for not knowing of attachment size limitations.

Although appellants are advised not to leave the filing of an appeal to the last minute (and usually have to bear the consequences if they are then late), this finding departs from that norm on the grounds of it being in the interests of justice to do so. Had the Claimant been provided with the guidance documentation, a different decision may well have been reached.

related opinions

Equal pay and the material factor defence

Equal pay claims, once the arena for public sector organisations only, have been spreading into the private sector over the last few years.

View blog

Election implications for IR35

Draft legislation has already been produced to replicate the 2017 IR35 changes within the public sector and extend these to medium and large private sector organisations, with the final legislation previously expected this month.

View blog

Legal fees for advising on settlement agreements

When entering into a settlement agreement, it is a requirement for the employee to get independent legal advice on the terms and effect of the agreement.

View blog

Staff Shortages in the NHS

Staff shortages within the NHS are well publicised, with recent press reports once again highlighting the additional impact of the NHS pensions “tax trap” on frontline care, and the uncertainty over Brexit implications for current and potential future employees.

View blog

mailing list sign up



Select which mailings you would like to receive from us.

Sign up