Could an extension of time be granted for an appeal, where the last page of the ET3 was missing?
Yes, in this "exceptional" case, held the EAT in Fincham v Alpha Grove.
The Claimant, acting in person, filed an appeal within the time limit and hand delivered the necessary documents to the EAT, but the last page of the original ET3 was missing. When notified of this "crucial mistake" the missing page was provided, some 20 days late.
The registrar considered that the appeal had not been properly instigated until the missing page was provided, and refused to extend time.
However, the EAT allowed an extension of time, holding that the information on the missing page was not necessary to understand the tribunal's decision or the appeal made, and that the Claimant had not been lax in any other regard and had acted promptly in supplying the page when his genuine error had been realised.
This marks a surprising, yet welcome, departure from the EAT's historically strict approach.
Thanks to Matthew Withers of 1 Crown Office Row Chambers for preparing this case summary.
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