Nationwide Leisure Ltd v Parnham (Practice And Procedure : Time for appealing) [2009] UKEAT 0724_09_0611 (6 November 2009)
The appeal was allowed and time extended because the Respondent lodged the entire claim as served by the Tribunal, the omission was due to the Tribunal's error, the missing page was immaterial, and the delay was only one day with no prejudice to the Claimant.
- Citation
- [2009] UKEAT 0724_09_0611
- Parties
- Claimant: Mrs Parnham; Respondent/appellant: Nationwide Leisure Ltd
- Jurisdiction
- United Kingdom
- Judgment Date
- 06 November 2009
- Procedural Posture
- Appeal From Registrar's Order / Appeal Hearing Before His Honour Judge Peter Clark
- Outcome
- Appeal allowed; time for appeal extended by one day.
- Legal Topics
- Extension of Time for Appeal, Procedural Irregularity, Employment Tribunal Procedure
Case Brief
Summary, issues, holding and outcome
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Parties
Mrs Parnham
Claimant
Nationwide Leisure Ltd
Respondent/appellant
Procedural Posture
Appeal From Registrar's Order / Appeal Hearing Before His Honour Judge Peter Clark
Legal Issues
- 1 Whether time for appealing should be extended when the Notice of Appeal was lodged in time but with an incomplete Form ET1 due to omission by the Employment Tribunal
Ratio Decidendi
The appeal was allowed and time extended because the Respondent lodged the entire claim as served by the Tribunal, the omission was due to the Tribunal's error, the missing page was immaterial, and the delay was only one day with no prejudice to the Claimant.
Court Disposition
Appeal allowed; time for appeal extended by one day.
Orders
- Time for appealing extended by one day.
- Case to proceed to paper sift stage.
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