The Claimant was a domestic worker who worked long hours at the house of the Respondent, along with her husband. Her husband was employed by the Respondent but the Claimant had no right to work in the UK. She claimed that she had worked for 5 years without being paid. She applied, out of time, for a statutory redundancy payment but the ET refused the extend time on just and equitable grounds. The ET's primary finding was that the Claimant would be unlikely to establish that she had a contract of employment because there was no mutuality of obligation between them. The Claimant appealed.

The EAT allowed the appeal. The ET had erred in reaching that conclusion on the evidence before it and that conclusion was sufficiently material to its refusal to extend time as to warrant the remission of the issue of extension of time for a fresh decision.