The Claimant brought various claims to the ET but when the judgment was published it contained an error. A certificate of correction was sent out but with a letter saying:

“Important note to parties: Any dates for the filing of appeals or reviews are not changed by this certificate of correction and corrected judgment. These time limits still run from the date of the original judgment, or original judgment with reasons, when appealing.”

The Claimant applied, out of time in relation to the original judgment date, to have the judgment reconsidered. The application was refused on the basis that there was no reasonable prospect of the decision being revoked and he then appealed, again out of time. The appeal was rejected because it was out of time. The Claimant appealed.

The EAT allowed the appeal. There was enough ambiguity in the judge's note as to which judgment he was referring to such that it was reasonable to extend time for the Claimant's appeal.