Source: All England Reporter
Publisher Citation: [2002] All ER (D) 22 (Jun)
Court: Employment Appeal Tribunal

Judge McMullen QC, Mrs M Prosser and Miss D Whittingham

Representation Paul Rose (instructed by Thompsons, Newcastle Upon Tyne) for the complainant.
  Alex Lock (instructed by Beachcroft Wansbroughs) for the first respondent.
  The second respondent appeared by its representative.
Judgment Dates: 21 March 2002


Employment - Practice - Appearance - Extension of time - Appearance not entered within prescribed time limit - Employment tribunal allowing extension of time - Tribunal failing to give reasons for decision - Complainant failing to comply with directions and withdrawing applications - Whether tribunal in error in allowing extension of time.

The Case

On the facts of the instant case, although the employment tribunal had erred in failing to give reasons for and an indication of the exercise of discretion and the factors considered in allowing the first respondent's application for an extension of time in which to present a notice of appearance, the complainant had failed to comply with the tribunal's directions and had subsequently withdrawn its application on the merits, and the appeal against the extension of time would, accordingly, be dismissed.

Practice Areas

If you are a LexisLibrary subscriber you can read more about this case here.