The recent case of Ayres v Fuel Parts UK has demonstrated the importance of ensuring that the correct procedure is followed when submitting an appeal to the Employment Appeal Tribunal (EAT).

Mr Ayres brought a claim for unfair dismissal against Fuel Parts UK, which he lost. He decided to appeal against the decision of the Employment Tribunal, and on the 41st day of the 42-day period allowed for making an appeal, he sent some documents to the Birmingham Employment Tribunal.

Unfortunately, the documents sent by Mr Ayres did not include either the ET1 or ET3 documents, both of which are required to launch an appeal according to the rules of the EAT.

A clerk at the tribunal, who was presumably attempting to assist Mr Ayres, passed the documents he had sent by fax to the EAT. They were received after 4pm, and so were counted as having arrived on the 42nd day of the appeal period. Full documentation, including the missing ET1 and ET3, was not received by the EAT until a further three days later, which was well beyond the allowed period.

The appeal was rejected by the Registrar of the EAT. She concluded that the appeal had not been correctly instituted, and said that, rather than “doing his job for him” and forwarding his papers to the EAT, the tribunal clerk should have instead returned the documents to Mr Ayres.

My Ayres went on to appeal against the Registrar’s refusal to extend time for his claim, arguing that it in fact was the clerk’s duty to forward the documents on his behalf. HHJ McMullen dismissed this appeal and refused to extend time, stating:

• It was definitely not the clerk’s duty to forward the papers.
• The appeal was lacking essential documents, and so was not properly instituted.
• No explanation had been given as to why Mr Ayres had waited 41 days before sending the documents.
• The appeal had no prospect of success.

While tribunals do have some leeway when it comes to how strictly time limits are enforced, in the vast majority of cases time limits are adhered to, so it’s always prudent to act sooner rather than later when bringing a claim or applying for an appeal.

Technorati Tags: Employment Tribunal Procedure, Tribunal Rules, Tribunal Time Limits