It is well established that appeals to the Employment Appeal Tribunal (EAT) have to be lodged within 42 days of the judgment being sent to the parties by the Employment Tribunal. It is also well established that the Notice of Appeal must be on Form 1 and accompanied by a copy of the ET1, ET3, and a copy of the judgment of the Tribunal and a copy of the reasons of the Tribunal.

In this case the Deputy Registrar determined the appeal was out of time because a page of the reasons of the Tribunal were inadvertently not sent to the EAT with the rest of the appeal paperwork as two pages had got stuck together in the solicitor’s scanner and therefore one had not scanned correctly. This omission went unnoticed by the secretary conducting the scanning and by the solicitor until it was pointed out by the EAT. Upon being pointed out, the error was corrected within minutes.

The EAT held that time for appealing should be extended as the error was very minor and a full and frank explanation was provided. The discretion the EAT has to extend time for an appeal is wider than the discretion an Employment Tribunal has to extend time for presentation of a complaint at first instance.