Power v. Matthews & Ors [2000] UKEAT 654_00_0711 (7 November 2000)

Power v. Matthews & Ors [2000] UKEAT 654_00_0711 (7 November 2000)

Lodging the Notice of Appeal with the wrong tribunal does not constitute an exceptional or acceptable reason for delay. The appellant failed to act on clear instructions and did not provide an adequate explanation for the delay. The Registrar's refusal to extend time was correct.

Citation
[2000] UKEAT 654_00_0711
Parties
Appellant: Mr R Power; First Respondent: Ms B Matthew (Barbara Matthew); Second Respondent: Birmingham City Council; Third Respondent: Optima Community Association
Jurisdiction
United Kingdom
Judgment Date
07 November 2000
Procedural Posture
Appeal From Registrar's Order / Appeal Against Refusal to Extend Time for Lodging Notice of Appeal
Outcome
Appeal dismissed
Legal Topics
Extension of Time, Unfair Dismissal, Constructive Dismissal, Unlawful Deductions, Jurisdiction
Employment Law Extension of Time Unfair Dismissal Constructive Dismissal Unlawful Deductions Jurisdiction

Case Brief

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Parties

Mr R Power

Appellant

Ms B Matthew (Barbara Matthew)

First Respondent

Birmingham City Council

Second Respondent

Optima Community Association

Third Respondent

Procedural Posture

Appeal From Registrar's Order / Appeal Against Refusal to Extend Time for Lodging Notice of Appeal

Legal Issues

  1. 1 Whether there are exceptional circumstances justifying extension of time for lodging Notice of Appeal
  2. 2 Whether lodging appeal with the Employment Tribunal instead of Employment Appeal Tribunal constitutes a valid reason for delay

Ratio Decidendi

Lodging the Notice of Appeal with the wrong tribunal does not constitute an exceptional or acceptable reason for delay. The appellant failed to act on clear instructions and did not provide an adequate explanation for the delay. The Registrar's refusal to extend time was correct.

Court Disposition

Appeal dismissed

Orders

  • Time for lodging Notice of Appeal not extended
  • Registrar's Order refusing extension upheld