Dancibar v. Gallagher [2000] UKEAT 784_00_1010 (10 October 2000)

Dancibar v. Gallagher [2000] UKEAT 784_00_1010 (10 October 2000)

Dancibar Ltd failed to provide any exceptional or acceptable reason for not filing the Notice of Appeal within the statutory 42-day period, despite clear instructions and repeated reminders. The Employment Appeal Tribunal is bound to enforce the time limits strictly in the absence of such reasons.

Citation
[2000] UKEAT 784_00_1010
Parties
Appellant: Dancibar Ltd; Respondent: Miss N Gallagher; First Respondent (dismissed): Planet Telecom Ltd
Jurisdiction
United Kingdom
Judgment Date
10 October 2000
Procedural Posture
Appeal From Registrar’s Order (employment Appeal Tribunal) / Appeal Against Refusal to Extend Time for Notice of Appeal
Outcome
Appeal dismissed
Legal Topics
Extension of Time, Appeal Procedure, Unlawful Deduction From Wages, Sex Discrimination
Employment Law Civil Procedure Extension of Time Appeal Procedure Unlawful Deduction From Wages Sex Discrimination

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Parties

Dancibar Ltd

Appellant

Miss N Gallagher

Respondent

Planet Telecom Ltd

First Respondent (dismissed)

Procedural Posture

Appeal From Registrar’s Order (employment Appeal Tribunal) / Appeal Against Refusal to Extend Time for Notice of Appeal

Legal Issues

  1. 1 Whether Dancibar Ltd provided an exceptional or acceptable reason for failing to file the Notice of Appeal within the prescribed time limit
  2. 2 Whether the Employment Appeal Tribunal should exercise discretion to extend time for filing the Notice of Appeal

Ratio Decidendi

Dancibar Ltd failed to provide any exceptional or acceptable reason for not filing the Notice of Appeal within the statutory 42-day period, despite clear instructions and repeated reminders. The Employment Appeal Tribunal is bound to enforce the time limits strictly in the absence of such reasons.

Court Disposition

Appeal dismissed

Orders

  • Application for extension of time to present Notice of Appeal is refused.