Appeal Out of Time By One Day
Some time limits in the tribunal system are strictly enforced. The case of Anghel v Middlesex University highlights how even short delays can have serious consequences.
Anghel v Middlesex University
Ms Anghel's employment tribunal claim against the University was unsuccessful and she sought to lodge an appeal with the Employment Appeal Tribunal (EAT).
Under the EAT rules a party has 42 days to appeal a decision. In this case, the appeal time limit expired on 16 February 2021. Ms Anghel had filed her appeal notice by email on 9 February with several attachments. These documents were inaccessible to the EAT's administration team, who informed her of this on 16 February. Ms Anghel re-sent the documents that day but her original grounds of claim were missing. These were not sent until 17 February. Her appeal was therefore not properly instituted until 17 February and therefore out of time. Ms Anghel applied for an extension of time which was refused.
EAT's Decision
The EAT found that the grounds of claim were essential to the proper institution of her appeal and were sent after the deadline. Ms Anghel had made an assumption without checking or taking the necessary care to ensure that her appeal was submitted properly and in time. The EAT concluded that litigants in person are not entitled to any greater leniency than those parties who are represented, and that a genuine error or oversight was not enough to justify an extension of time in this case. The EAT noted that it is the responsibility of the parties to ensure they have complied with deadlines and it was not the responsibility of the EAT nor their administration team to point out errors in appeal notice or defects in compliance.
Learning Points
This case illustrates the strict approach taken to the 42 day time limit for lodging an appeal with the EAT.
Other time limits in the tribunal system are treated differently. For example, a time limit for lodging a discrimination claim in the Employment Tribunal can be extended if the Tribunal considers it just and equitable to do so - a relatively low bar.
For more information please contact Rory Jutton in our Employment team on 0117 314 5286, or complete the form below.