In a combined hearing of four appeals against the orders of the Registrar of the EAT not to allow registration of appeals, the EAT have summarised some useful reminders about appealing and time extensions to appeal. Some useful (if not rather obvious) lessons include:
- If you can appeal on time, do – time extensions are very much the exception rather than the rule
- Read what the Tribunal sends you – the Tribunal’s booklet “The Judgment” explains the time limt for appealing and points one in the right direction for further information and a form 1 (appeal form).
- Send all the correct documents. When lodging a form 1, the judgment and reasons of the Tribunal, the ET1 and ET3 must also be included. If they are not, the appeal is not lodged validly (the EAT’s Practice Statement 2005 is very clear on this point).
- Being a litigant in person is no excuse for being late.
- Don’t be economical with the truth – one Appelant was and he didn’t get his time extension! The EAT expects a full and frank explanation for the delay.
- Waiting for the outcome of an application for review is no excuse for delaying an appeal. Once the appeal is validly lodged it can (and normally will) be stayed pending the outcome of a review.
The full judgment can be found here.