Brown v. First Security (Guards) Ltd [2003] UKEAT 0364_03_1806 (18 June 2003)

Brown v. First Security (Guards) Ltd [2003] UKEAT 0364_03_1806 (18 June 2003)

No good reason was shown for the delay in appealing the Chairman's order of 17 July 2002, so extension of time was refused. However, the argument that the substance of the documents could constitute an originating application is a discrete and arguable point of law, warranting a full hearing.

Citation
[2003] UKEAT 0364_03_1806
Parties
Appellant: Mr R Brown; Respondent: First Security (Guards) Ltd
Jurisdiction
United Kingdom
Judgment Date
18 June 2003
Procedural Posture
Employment Appeal / Preliminary Hearing
Outcome
Extension of time for appeal refused; original Notice of Appeal allowed to proceed to full hearing.
Legal Topics
Jurisdiction, Time Limits, Originating Application, Constructive Dismissal
Employment Law Jurisdiction Time Limits Originating Application Constructive Dismissal

Case Brief

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Parties

Mr R Brown

Appellant

First Security (Guards) Ltd

Respondent

Procedural Posture

Employment Appeal / Preliminary Hearing

Legal Issues

  1. 1 Whether the Employment Tribunal had jurisdiction to entertain claims presented outside the prescribed time limit
  2. 2 Whether certain documents constituted valid originating applications under Rule 1 of Schedule 1 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 1993

Ratio Decidendi

No good reason was shown for the delay in appealing the Chairman's order of 17 July 2002, so extension of time was refused. However, the argument that the substance of the documents could constitute an originating application is a discrete and arguable point of law, warranting a full hearing.

Court Disposition

Extension of time for appeal refused; original Notice of Appeal allowed to proceed to full hearing.

Orders

  • Application for extension of time refused
  • Original Notice of Appeal to proceed to full hearing before Employment Tribunal