Hewer & Anor v HCT Group & Ors [2024] EAT 133 (14 August 2024)

Hewer & Anor v HCT Group & Ors [2024] EAT 133 (14 August 2024)

Failure to submit the written judgment was not a minor error under Rule 37(5) EAT Rules, but given substantial compliance, prompt rectification, absence of prejudice, and the material provided, it is just to grant an extension of time for proper institution of the appeal.

Source-derived case information.

Citation
[2024] EAT 133
Parties
Appellant: Ms M Hewer; Appellant: Mr E Martin; Respondent: HCT Group; Respondent: CT Plus CIC; Respondent: LC Transport (UK) LTD (In Liquidation)
Jurisdiction
United Kingdom
Judgment Date
14 August 2024
Procedural Posture
Employment Appeal / Appeal From Registrar's Order
Outcome
extension of time granted; appeal properly instituted
Legal Topics
Extension of Time, Appeal Institution Requirements, Transfer of Undertakings (protection of Employment) Regulations 2006 (tupe)
Employment Law Procedural Law Extension of Time Appeal Institution Requirements Transfer of Undertakings (protection of Employment) Regulations 2006 (tupe)

Source-derived case record

Summary, issues, holding and outcome

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Parties

Ms M Hewer

Appellant

Mr E Martin

Appellant

HCT Group

Respondent

CT Plus CIC

Respondent

LC Transport (UK) LTD (In Liquidation)

Respondent

Procedural Posture

Employment Appeal / Appeal From Registrar's Order

Legal Issues

  1. 1 Whether failure to submit written judgment with appeal constitutes a minor error under EAT Rules
  2. 2 Whether extension of time should be granted for appeal improperly instituted due to missing written judgment

Ratio Decidendi

Failure to submit the written judgment was not a minor error under Rule 37(5) EAT Rules, but given substantial compliance, prompt rectification, absence of prejudice, and the material provided, it is just to grant an extension of time for proper institution of the appeal.

Court Disposition

extension of time granted; appeal properly instituted

Orders

  • Appeal to be passed for sift.