M Shah v Home Office
[2024] EAT 21
F Amedzo v Bidvest Noonan (UK) Limited
20 September 2024
[2024] EAT 148
Employment Appeal Tribunal
Someone appealed late to a higher court, forgetting some paperwork. The higher court decided it was a small mistake, they fixed it quickly, and it didn't hurt anyone, so they let them continue their appeal.
Key Facts
- •Claimant appealed Registrar's refusal to extend time for appealing an Employment Tribunal decision.
- •Appeal was submitted one day late, missing ET1 and ET3 forms.
- •Claimant cited Christmas and New Year holidays hindering timely legal consultation.
- •Respondent argued insufficient explanation for delay and no exceptional circumstances.
- •EAT Rule 37(5) (amended 30 September 2023) allows extension for minor errors.
- •Relevant case law considered: *Melki v Bouygues*, *Jasim v LHR Airports*, and *Ridley*.
Legal Principles
An appeal from a Registrar's Order is a rehearing.
EAT Rules 1993
Rule 37(5) EAT Rules 1993 allows time extension for minor errors in submitting documents if it is considered just to do so.
EAT Rules 1993, Rule 37(5)
Determining if an error is 'minor' involves considering the significance of the omission to the appeal's progress and issues raised.
Melki v Bouygues [2024] EAT 36, Jasim v LHR Airports Limited [2024] EAT 59
A material distinction exists between filing a late appeal and filing an appeal with missing documents; the latter is more likely to be treated leniently.
Ridley [2024] EWCA Civ 884
United Arab Emirates v Abdelghafar provides guidance on extension of time, emphasizing the importance of time limits and the need for a full explanation of the delay, but it is not inflexible.
United Arab Emirates v Abdelghafar [1995] ICR 65
Outcomes
Appeal allowed; extension of time granted.
The omission of the ET1 and ET3 forms was deemed a minor error under Rule 37(5). The delay was short, the error was swiftly rectified, and no significant prejudice to the respondent occurred. The Court of Appeal's decision in *Ridley* further supported granting the extension.