The Claimant submitted his ET1 on time and the Respondent's ET3 was also submitted on time. The ET dismissed the Claimant's claim of constructive unfair dismissal and he appealed. Unfortunately he did not submit the ET1 and ET3 with the appeal documentation, which was lodged a day before the deadline, and by the time the EAT informed him of this and even though he submitted them the next day, his appeal was out of time. The Registrar dismissed his application to extend time and the Claimant appealed.

The EAT allowed the appeal. The ET1 and ET3 forms were not necessary to understand the appeal, this was a genuine minor error that had not prejudiced the Respondent, the mistake was rectified quickly, the Claimant had been straightforward even if some of his legal arguments were not correct, and, most importantly, the balance of justice favoured the appeal being accepted and then considered in the usual way.