The Claimant lost her claims at the ET and appealed out of time against two decisions. One appeal was 5 days out of time, the other significantly longer. The Claimant was suffering from significant anxiety throughout the period. The Registrar refused to extend time for her appeals and she appealed to the EAT.

The EAT allowed the first appeal. The Claimant's failure to provide all the documentation in time was quickly remedied and caused no prejudice to the Respondent. The second appeal was dismissed, the EAT saying that there was no good reason for the delay, or any other circumstances that mean that time should be extended to allow the appeal to proceed.