Cuthbert v. Inspector with the Health & Safety Executive [2001] UKEAT 0250_01_1907 (19 July 2001)

Cuthbert v. Inspector with the Health & Safety Executive [2001] UKEAT 0250_01_1907 (19 July 2001)

The Employment Appeal Tribunal lacks jurisdiction to hear appeals from Employment Tribunal decisions regarding Health & Safety Improvement Notices, as such jurisdiction is not conferred by statute. The Registrar's refusal to extend time is upheld, but the appeal is dismissed for want of jurisdiction, not for lateness.

Citation
[2001] UKEAT 0250_01_1907
Parties
Appellant: William Cuthbert; Respondent: Mr C Jopling
Jurisdiction
United Kingdom
Judgment Date
19 July 2001
Procedural Posture
Appeal From Registrar’s Order / Appeal Before Employment Appeal Tribunal
Outcome
Appeal dismissed for want of jurisdiction
Legal Topics
Improvement Notice Appeals, Jurisdiction of Employment Appeal Tribunal, Extension of Time for Appeal
Employment Law Health and Safety Law Improvement Notice Appeals Jurisdiction of Employment Appeal Tribunal Extension of Time for Appeal

Case Brief

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Parties

William Cuthbert

Appellant

Mr C Jopling

Respondent

Procedural Posture

Appeal From Registrar’s Order / Appeal Before Employment Appeal Tribunal

Legal Issues

  1. 1 Whether the Employment Appeal Tribunal has jurisdiction to hear appeals from Employment Tribunal decisions on Health & Safety Improvement Notices
  2. 2 Whether the appeal was lodged within the prescribed time limits
  3. 3 Whether it was reasonably practicable for the appellant to appeal within time

Ratio Decidendi

The Employment Appeal Tribunal lacks jurisdiction to hear appeals from Employment Tribunal decisions regarding Health & Safety Improvement Notices, as such jurisdiction is not conferred by statute. The Registrar's refusal to extend time is upheld, but the appeal is dismissed for want of jurisdiction, not for lateness.

Court Disposition

Appeal dismissed for want of jurisdiction

Orders

  • Application for extension of time refused
  • Appeal to the Employment Appeal Tribunal dismissed