Baker v LTS Rail Ltd [1998] UKEAT 581_98_2210 (22 October 1998)

Baker v LTS Rail Ltd [1998] UKEAT 581_98_2210 (22 October 1998)

Credible evidence established that the appellant and adviser were misled by tribunal staff regarding appeal procedures and time limits, justifying the exercise of discretion to extend time for lodging the Notice of Appeal by one day.

Citation
[1998] UKEAT 581_98_2210
Parties
Appellant: Mr Baker; Respondent: LTS Rail Limited
Jurisdiction
United Kingdom
Judgment Date
22 October 1998
Procedural Posture
Employment Appeal / Appeal Against Refusal to Extend Time for Lodging Notice of Appeal
Outcome
Appeal allowed
Legal Topics
Extension of Time, Striking Out Order, Constructive Dismissal, Voluntary Redundancy Payment, Tribunal Procedure
Employment Law Extension of Time Striking Out Order Constructive Dismissal Voluntary Redundancy Payment Tribunal Procedure

Case Brief

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Parties

Mr Baker

Appellant

LTS Rail Limited

Respondent

Procedural Posture

Employment Appeal / Appeal Against Refusal to Extend Time for Lodging Notice of Appeal

Legal Issues

  1. 1 Whether time for lodging Notice of Appeal should be extended
  2. 2 Whether the Striking Out Order was valid
  3. 3 Whether the applicant was misled by tribunal staff regarding appeal procedures

Ratio Decidendi

Credible evidence established that the appellant and adviser were misled by tribunal staff regarding appeal procedures and time limits, justifying the exercise of discretion to extend time for lodging the Notice of Appeal by one day.

Court Disposition

Appeal allowed

Orders

  • Time for lodging Notice of Appeal extended by one day
  • Notice of Appeal validated