Scotford & Anor v. Smithkline Beecham [2001] UKEAT 1371_00_2510 (25 October 2001)

Scotford & Anor v. Smithkline Beecham [2001] UKEAT 1371_00_2510 (25 October 2001)

The Tribunal erred in refusing to provide Extended Reasons because Section 7 of the Interpretation Act 1978 applies to the service of summary reasons, and the Appellant provided sufficient evidence of non-receipt. The Chairman failed to properly exercise discretion by not accepting the explanation for delay and by mischaracterising the application for Extended Reasons as part of the appeal process. The appeal is allowed and Extended Reasons must be provided.

Citation
[2001] UKEAT 1371_00_2510
Parties
Appellant: HAM Technology (UK) Ltd; Respondent: Unknown (Respondent)
Jurisdiction
United Kingdom
Judgment Date
25 October 2001
Procedural Posture
Employment Appeal Tribunal / Appeal Against Refusal to Provide Extended Reasons
Outcome
Appeal allowed
Legal Topics
Extension of Time, Interpretation Act 1978, Employment Tribunal Rules, Service of Documents, Unfair Dismissal
Employment Law Procedural Law Extension of Time Interpretation Act 1978 Employment Tribunal Rules Service of Documents Unfair Dismissal

Case Brief

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Parties

HAM Technology (UK) Ltd

Appellant

Unknown (Respondent)

Respondent

Procedural Posture

Employment Appeal Tribunal / Appeal Against Refusal to Provide Extended Reasons

Legal Issues

  1. 1 Whether the Employment Tribunal erred in refusing to provide Extended Reasons for its decision due to alleged out-of-time application
  2. 2 Whether Section 7 of the Interpretation Act 1978 applies to the calculation of time for requesting Extended Reasons under the Employment Tribunal Rules
  3. 3 Whether the Chairman properly exercised discretion under Rule 15 to extend time for the application

Ratio Decidendi

The Tribunal erred in refusing to provide Extended Reasons because Section 7 of the Interpretation Act 1978 applies to the service of summary reasons, and the Appellant provided sufficient evidence of non-receipt. The Chairman failed to properly exercise discretion by not accepting the explanation for delay and by mischaracterising the application for Extended Reasons as part of the appeal process. The appeal is allowed and Extended Reasons must be provided.

Court Disposition

Appeal allowed

Orders

  • Employment Tribunal to provide Extended Reasons for its decision to the Appellant.