The EAT's decision this week in Grosvenor v Aylesford School is notable simply for its bizarre facts (paras. 10-14), as well as the comment that teachers who remove their clothing on a school coach might find themselves facing a reduction in award for contributory fault (paras 35 + 36).
But it is also a reminder that:
- delay, even if it is excessive, is not normally a free-standing ground of appeal. In a case where the tribunal was giving regular consideration to the case in Chambers throughout the lengthy period of reserving the judgment, then there was no error of law to correct(paras. 2-6).
- a tribunal has a wide discretion in dealing with just and equitable extension of time and the manner in which the question is dealt with at the tribunal is unlikley to raise an error of law, taking into account the fact that the issue was flagged up early on in proceedings (para. 20).
[Thanks to Ed McFarlane of RBS Mentor for telling me about this case and providing the summary]