time extension
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Gavin & Ors v Commission for Racial Equality & Ors UKEATPA/0221/10/JOJ
Conjoined appeals relating to refusals to accept the claimants’ Notices of Appeal because they were all out of time. Appeals dismissed.
- cases
03/02/2011 17:56
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Shaw v B&W Group Ltd UKEAT/0110/10/JOJ
Appeal by claimant against decision that a claim for breach of contract was out of time as it did not fall within the scope of the relevant Regulations and that a written grievance for unfair dismissal was one where the employer was contemplating dismissal so the statutory procedures did not apply. Appeal on breach of contract claim allowed and remitted.
- cases
28/01/2011 16:30
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Gavin v Commission for Racial Equality, now the Equality & Human Rights Commission & Ors UKEATPA/1385/09/JOJ
Appeal against decision by the Tribunal refusing to take to trial claims by the claimant because they had been presented out of time and they had been compromised by a compromise agreement. Application to postpone the EAT hearing since the claimant claimed not to know about the hearing date until it was too late. Application refused and appeal dismissed.
- cases
17/12/2010 15:45
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Harper & Anor v Hopkins [2010] EWCA Civ 1246
Application for permission to appeal an order which refused an extension of time to appeal a judgment of the Employment Tribunal. The applicants in this case, who were the respondents to a claim of unfair dismissal, filed their ET3 out of time, and also their Notice of Appeal to the EAT, saying that illness had prevented them from complying with the time limit. The Court of Appeal agreed with the EAT, saying that the Notice of Appeal was out of time because the applicants, by their own admitted mistake, never intended to serve it in time and made no attempt to do so. Application refused.
- cases
05/11/2010 15:09
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Hunt v Tesco Stores Ltd [2010] EWCA Civ 1069
Application to appeal, out of time, against a refusal of the EAT to review its decision, dismissing the applicant’s claim of unfair dismissal. Application refused.
- cases
12/10/2010 15:36
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Perth & Kinross Council v Townsley UKEATS/0010/10/BI
Appeal against decision by the ET to extend time for an indirect discrimination claim. Appeal succeeded and the entire claim was time barred and dismissed.
- cases
08/10/2010 11:06
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Zinda v The Governing Body of Barn Hill Community High & Ors UKEATPA/1146/09/LA
Appeal against refusal by registrar to accept a fresh Notice of Appeal which had been lodged out of time. Although the EAT found that the registrar had erred by saying that the claimant should have proved it was impossible to lodge the appeal in time, her decision not to allow it was correct since the claimant could not show exceptional reasons for why it was late. Appeal dismissed.
- cases
27/08/2010 10:42
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Wells v St Edward's RC Primary School [2010] EWCA Civ 884
Renewed application to appeal against a decision not to review the ET's decision which ruled that the claimant had not been unfairly dismissed. The Court of Appeal concluded that the application was totally without merit and dismissed the appeal.
- cases
02/08/2010 11:41
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Dootson v Royal Mail PLC UKEATPA/1315/09/ZT
Appeal against decision not to allow an application to appeal a disability discrimination claim because the application was lodged 2 days out of time. The application to appeal was lodged late, by mistake, by the lay representative of the claimant. The Registrar decided not to use their discretion to extend time. Appeal dismissed.
- cases
28/07/2010 11:07
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Harper & Anor v Hopkins [2010] EWCA Civ 742
Renewed application for permission to appeal where the appellants had been refused an extension to appeal a decision in unfair dismissal claims in circumstances where they did not receive notification of a refused review application until 30 days after the decision was made. The application was adjourned to a full court.
- cases
06/07/2010 11:29