The Claimant was appealing a judgment and a reconsideration judgment. The appeal against the judgment was not properly instituted because the judgment and reasons were not attached. Instead, the claimant attached text he had copied from the judgment and inserted into a word document. In addition, the claimant failed to attach the ET3 response. The appeal against the reconsideration judgment was also not properly instituted because the ET3 was missing, although the claimant did send the reconsideration judgment and reasons. The Claimant explained that he was having various problems downloading the documents and that is why he had done as he did. The appeal against the judgment and the reconsideration were eventually made out of time and the ET refused to extend time. The Claimant appealed.

The EAT dismissed the appeal. The EAT was not satisfied that the Claimant had provided a full explanation for the failure to properly institute the appeal in time.