The claimant in the employment tribunal submitted a notice of appeal which would have been in time had it been accompanied by all the required attachments but the claimant had not attached the ET1 and ET3 forms for one of the claims though the second appeal was properly instituted.

HHJ Auerbach, applying Rule 37(5) and the guidance in Melki v Bouygues E and S Contracting UK Limited [2024] EAT 36 concludes the omission of the ET1 and ET3 was a minor error which had been rectified and it was also just to extend time.