Can a judgment and reconsideration decision be legitimately set out within the same Notice of Appeal?
Yes, provided they are distinguished within the Notice and have a connection justifying their inclusion together, held the EAT in Dafiaghor-Olomu v Community Integrated Care.
The Claimant won her unfair dismissal claim, and the tribunal refused to reinstate her. She then twice applied for reconsideration of the decision, but her applications were rejected.
The Claimant lodged a single Notice of Appeal that covered both the original judgment and the reconsideration. The Notice was initially rejected by an appeal judge on the basis that it was impermissible to appeal two orders arising from separate hearings in a single Notice.
On learning of the rejection, the Claimant filed a second Notice of Appeal and this was rejected as out of time by the Registrar.
The EAT held that provided the Notice of Appeal distinguished between the respective appeals, that the appeals were closely connected, and both were brought within the time limits, a single Notice of Appeal was permissible. Further, had it been necessary, an extension of time would have been granted to permit the second Notice in the circumstances.
Thanks to Barnaby Large of No.18 Barristers Chambers for preparing this case summary.