Fox (t/a QFCC) v. Philps [2000] UKEAT 1488_99_1205 (12 May 2000)

Fox (t/a QFCC) v. Philps [2000] UKEAT 1488_99_1205 (12 May 2000)

The delay in lodging the Notice of Appeal was substantially caused by the Employment Tribunal's unjustified delay in determining the review application. It would be unjust to penalise Mrs Fox for a short delay in appealing when the tribunal itself delayed for nearly two years. Therefore, time for appealing both the...

Source-derived case information.

Citation
[2000] UKEAT 1488_99_1205
Parties
Appellant: Mrs L. Fox trading as QFCC; Respondent: Mr R. T. Philps
Jurisdiction
United Kingdom
Judgment Date
12 May 2000
Procedural Posture
Appeal From Registrar’s Order / Application for Extension of Time to Appeal
Outcome
Appeal allowed. Registrar's order set aside. Extension of time granted for lodging Notice of Appeal against both substantive and review decisions.
Legal Topics
Extension of Time, Unfair Dismissal, Breach of Contract, Review of Tribunal Decision
Employment Law Civil Procedure Extension of Time Unfair Dismissal Breach of Contract Review of Tribunal Decision

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Parties

Mrs L. Fox trading as QFCC

Appellant

Mr R. T. Philps

Respondent

Procedural Posture

Appeal From Registrar’s Order / Application for Extension of Time to Appeal

Legal Issues

  1. 1 Whether leave should be granted to lodge a Notice of Appeal out of time against both the substantive and review decisions of the Employment Tribunal

Ratio Decidendi

The delay in lodging the Notice of Appeal was substantially caused by the Employment Tribunal's unjustified delay in determining the review application. It would be unjust to penalise Mrs Fox for a short delay in appealing when the tribunal itself delayed for nearly two years. Therefore, time for appealing both the substantive and review decisions is extended.

Court Disposition

Appeal allowed. Registrar's order set aside. Extension of time granted for lodging Notice of Appeal against both substantive and review decisions.

Orders

  • Time for lodging Notice of Appeal extended to 6 December 1999 for both substantive and review decisions.
  • Registrar's refusal of extension of time set aside.