Lord Justice Mummery in a recent Court of Appeal decision had to consider whether to allow an appeal by a restaurant owner who had been ordered to pay £14,777 in compensation to a former employee for unfair dismissal. The restaurant owner had attempted to lodge his notice of appeal with the Employment Appeal Tribunal (EAT) in person on the last day of the 42 day period permitted for lodging his appeal. But the office was closed, and so his notice was not lodged within the six-week deadline.

Lord Justice Mummery ruled that the appeal should not be allowed on the basis that the six-week time limit was generous and, in any event, the restaurant owner’s claim had no reasonable prospect of success. This case demonstrates just how important it is to be aware of time limits and procedures when dealing with tribunal claims.

Timing

Employees must generally file a claim within three months of the date on which their cause of action arose. But employers must respond to a claim within 28 days of receiving notice of it from the tribunal.

These time limits are generally strict and even a few minutes after the deadline is usually too late. Any dates given throughout the proceedings must also be complied with, and persistent failure to do this may lead to a claim being struck out or a default judgment being made against the respondent. In extreme cases, it could also result in a costs award against the party at fault.

Key Points Arising

• A claim to an employment appeal must generally be made within 3 months of the employee’s cause of action.
• An employer has 28 days in which to respond.
• An appeal against an employment tribunal decision must be submitted within six weeks (42 days) of the decision.
• Time limits are generally strict and even a few minutes after the deadline is usually too late.
• An appeal must be received by the EAT by 4pm on the day of the deadline. An appeal lodged outside of the time limit will only be accepted in exceptional circumstances.
• Failure to comply with deadlines or orders imposed by the Employment Tribunal or Employment Appeal Tribunal is likely to lead to an employee not being able to proceed with his claim or an employer not being allowed to defend the claim and possible costs orders can be made against a defaulting party.

If you have any questions concerning the above , please contact activHR Consulting to speak with a HR Consultant who will be pleased to assist.

Source: Empire HR