At the Tribunal | |
Before
HIS HONOUR JUDGE McMULLEN QC
(SITTING ALONE)
APPELLANT | |
RESPONDENT |
Transcript of Proceedings
JUDGMENT
APPEAL FROM REGISTRAR’S ORDER
For the Appellant | MR M WESTMORELAND (The Appellant in person) |
For the Respondent |
MR L O'NEILL (Solicitor) IBB Solicitors Capital Court 30 Windsor Street Uxbridge Middlesex UB8 1AB |
SUMMARY
PRACTICE AND PROCEDURE: Time for appealing
At 15.12 on day 42, a Claimant did not attach the Judgment and reasons to a Notice of Appeal sent by email. There were no reasons to explain his mistake nor to grant an extension. Observations on the EAT's approach. Reliance on Woodward requiring the Appellant to show it was impossible to lodge the appeal was incorrect but the Registrar correctly refused to register the appeal.
HIS HONOUR JUDGE McMULLEN QC
Introduction
The legislation
The facts
"My appeal is attached, complete but for the ET3 response never received from the Watford Employment Tribunal or the respondent. I trust that you will receive everything correctly, but please contact me should this not happen."
Almost immediately, that is at 15.16, an email was sent:
"Email received at EAT."
Extension of time
"I would only add this in relation to the merits. Mummery J said at p.246 of the United Arab Emirates [1995] IRLR 243 case …, that the merits are usually of little weight and they should not be investigated in detail. I agree with that. But I would however say that, if it is plain that the appeal has no prospect of success, that must be a matter which should be taken into account. There can be no point in giving an extension of time for an appeal which is bound to fail. …."
This case has no merit whatsoever. The dispute is not one which would give rise to a claim for breach of contract in the way the Claimant formulated it. I would have a heavy heart if I were turning down on technical grounds an appeal which was laden with merit. It has none.