The Claimant, a litigant in person, made a claim for unfair dismissal and disability discrimination (Claim 1). The Respondent responded saying that the name of the Respondent was incorrect and also requested further information so the Claimant provided it by making a second claim (Claim 2) instead of amending Claim 1. The claims were consolidated and eventually dismissed at the ET. The Claimant appealed but did not lodge all the documents, there being confusion as to whether documents relating to both Claim 1 and Claim 2 were to be sent. By the time all documents were lodged, the appeal was deemed to be out of time and the Claimant was refused permission to extend time. He appealed.

The EAT allowed the appeal. The error in submitting the appeal in respect of Claim 1 was rectified quickly and was considered by the EAT to be a minor error. Any delay had not caused the Respondent any significant prejudice and it was just to grant an extension.