Is a failure to institute an appeal correctly, by mistakenly not attaching a relevant document, sufficient grounds for an extension of time?
No, held the EAT in Anghel v Middlesex University.
The Claimant appealed against an order of the EAT refusing to extend the time for instituting her appeal from the employment tribunal.
The Claimant’s notice of appeal and attachments were submitted within the time limit but the attachments did not include the detailed grounds of claim that had been attached to the claim form. That document was sent to the EAT after the time limit for appealing had expired.
The Claimant had mistakenly assumed without checking that the particulars of claim document had formed part of the ET1 document she had sent to the EAT. This was an error that the EAT found did not amount to a good reason to extend time, holding it was the responsibility of the Claimant to take the necessary care to ensure that her appeal was properly instituted in time.
Thanks to Kate Lea of didlaw for preparing this case summary.
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