Mr A Haydar v Pennine Acute NHS Trust [2018]

Posted In: Case Law
  • Case Reference
    EWCA Civ 1435
  • Legal Body
    England and Wales Court of Appeal (EWCA)
  • Type of Claim / Jurisdiction
    Tribunal Practice, Procedures and Jurisdictional Issues
Issues covered: Time Limits; Notice of Appeal; Documents Lost in Post; Out of Time; Extension of Time Refused; Obligation to Confirm Receipt

The appellant had earlier appealed against a decision of the employment tribunal and had posted all relevant documents a fortnight before the expiry date for appealing. The EAT had no record of receiving the documents and it was only 6 weeks after postage that the appellant realised he had heard nothing.

The appellant later sent replicas, but the EAT notified him that on its calculation he was out of time and invited him to apply for an extension. This application was refused by the Registrar. The appellant contended that he not read the guidance booklet, entitled ‘The Judgement’, which explicitly advises contacting the EAT within 7 days of posting if no acknowledgement is received.


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This article is correct at 02/08/2018

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

John Taggart BL

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