Mitchell v Barratt Homes (Leeds) Ltd [2009] UKEAT 0903_08_1303 (13 March 2009)

Mitchell v Barratt Homes (Leeds) Ltd [2009] UKEAT 0903_08_1303 (13 March 2009)

Exceptional reasons for delay were accepted, allowing appeal against Registrar’s refusal to extend time, but the substantive Rule 3(10) application and new evidence failed as there was no error of law and no reasonable prospect of success.

Citation
[2009] UKEAT 0903_08_1303
Parties
Appellant: Mr A G Mitchell; Respondent: Barratts
Jurisdiction
United Kingdom
Judgment Date
13 March 2009
Procedural Posture
Appeal From Registrar’s Order / Appeal Hearing
Outcome
Appeal against Registrar’s refusal allowed; substantive Rule 3(10) application dismissed; permission to appeal to Court of Appeal refused.
Legal Topics
Extension of Time, Whistle Blowing, Protected Disclosure, Adduction of New Evidence, Jurisdiction, Unfair Dismissal
Employment Law Practice and Procedure Extension of Time Whistle Blowing Protected Disclosure Adduction of New Evidence Jurisdiction Unfair Dismissal

Case Brief

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Parties

Mr A G Mitchell

Appellant

Barratts

Respondent

Procedural Posture

Appeal From Registrar’s Order / Appeal Hearing

Legal Issues

  1. 1 Whether extension of time should be granted for Rule 3(10) application
  2. 2 Whether new evidence should be admitted on appeal
  3. 3 Whether dismissal was for making a protected disclosure under Employment Rights Act 1996

Ratio Decidendi

Exceptional reasons for delay were accepted, allowing appeal against Registrar’s refusal to extend time, but the substantive Rule 3(10) application and new evidence failed as there was no error of law and no reasonable prospect of success.

Court Disposition

Appeal against Registrar’s refusal allowed; substantive Rule 3(10) application dismissed; permission to appeal to Court of Appeal refused.

Orders

  • Extension of time for Rule 3(10) application granted for exceptional reasons.
  • Application to adduce new evidence refused.