The Claimant's claims were dismissed at the ET in 2023. She lodged an appeal to the EAT but the appeal was submitted (with 2 pages of the claim form missing) 2 hours and 24 minutes late. The main reason for the late submission of the appeal was disorganisation and, to a much lesser extent, difficulties faced by the claimant and her son who was helping her in seeking to submit the appeal on the last day because of their medical conditions. The Registrar refused to grant an extension of time and the Claimant appealed.

The EAT dismissed the appeal. This was a case in which the Claimant failed to submit the appeal in time, rather than a missing documents case. The delay was brief. The EAT did not accept that the Claimant had a good excuse for the delay. The medical conditions of the claimant and her son made the process of submitting the appeal more challenging than it would be for others who do not have their conditions - but the substantive reason for the delay was disorganisation and human error.