Sian v. Abbey National Plc [2003] UKEAT 0207_03_2506 (25 June 2003)

Sian v. Abbey National Plc [2003] UKEAT 0207_03_2506 (25 June 2003)

The 42-day period for appealing to the Employment Appeal Tribunal runs from the date the decision is sent to the parties, not the date of receipt. The Registrar correctly applied the law and exercised discretion properly in refusing an extension of time, as there was no adequate explanation for the delay.

Citation
[2003] UKEAT 0207_03_2506
Parties
Appellant: Ms Sian; Respondent: Unknown Respondent (not named in judgment)
Jurisdiction
United Kingdom
Judgment Date
25 June 2003
Procedural Posture
Appeal From Registrar’s Order (employment Appeal Tribunal) / Appeal Against Refusal to Extend Time for Service of Notice of Appeal
Outcome
Appeal dismissed
Legal Topics
Extension of Time, Notice of Appeal, Employment Appeal Tribunal Rules, Service of Decisions, Discretion to Extend Time
Employment Law Civil Procedure Extension of Time Notice of Appeal Employment Appeal Tribunal Rules Service of Decisions Discretion to Extend Time

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Parties

Ms Sian

Appellant

Unknown Respondent (not named in judgment)

Respondent

Procedural Posture

Appeal From Registrar’s Order (employment Appeal Tribunal) / Appeal Against Refusal to Extend Time for Service of Notice of Appeal

Legal Issues

  1. 1 When does the 42-day time limit for appealing to the Employment Appeal Tribunal begin to run: from the date the decision is sent or the date it is received?
  2. 2 Whether the Registrar erred in refusing to extend time for service of the Notice of Appeal.

Ratio Decidendi

The 42-day period for appealing to the Employment Appeal Tribunal runs from the date the decision is sent to the parties, not the date of receipt. The Registrar correctly applied the law and exercised discretion properly in refusing an extension of time, as there was no adequate explanation for the delay.

Court Disposition

Appeal dismissed

Orders

  • Registrar's order refusing extension of time for service of Notice of Appeal is upheld
  • No extension of time granted