Margaret Gallacher v T&C Bars Limited & Anor

Margaret Gallacher v T&C Bars Limited & Anor

There was no good or sufficient explanation for the 412-day delay in lodging the appeal, and no exceptional circumstances were present. The application for extension of time was refused and the appeal dismissed.

Parties
Appellant: Margaret Gallacher; First Respondent: T&C Bars Limited; Second Respondent: Mr Archibald McFarlane
Jurisdiction
England and Wales
Judgment Date
03 June 2024
Procedural Posture
Employment Appeal / Appeal From Registrar's Order Refusing Extension of Time
Outcome
appeal dismissed
Legal Topics
Extension of Time, Appeal Procedure, TUPE Transfer, Redundancy Pay, Notice Pay, Unpaid Holiday Entitlement
Employment Law Civil Procedure Extension of Time Appeal Procedure TUPE Transfer Redundancy Pay Notice Pay Unpaid Holiday Entitlement

Case Brief

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Parties

Margaret Gallacher

Appellant

T&C Bars Limited

First Respondent

Mr Archibald McFarlane

Second Respondent

Procedural Posture

Employment Appeal / Appeal From Registrar's Order Refusing Extension of Time

Legal Issues

  1. 1 Whether the appellant provided a good explanation for the 412-day delay in lodging the appeal
  2. 2 Whether there were exceptional circumstances justifying an extension of time to appeal
  3. 3 Whether the merits of the underlying case were relevant to the extension of time

Ratio Decidendi

There was no good or sufficient explanation for the 412-day delay in lodging the appeal, and no exceptional circumstances were present. The application for extension of time was refused and the appeal dismissed.

Court Disposition

appeal dismissed

Orders

  • Application for extension of time refused
  • Appeal against Registrar’s order dismissed