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05 July 2024 / Ffyon Reilly
Issue: 8078 / Categories: Features , Procedure & practice , Employment , Tribunals
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Extending time: from misery to forgiveness?

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Ffyon Reilly looks at recent case law on judicial discretion as to minor errors
  • Discusses the judicial discretion offered by r 37(5) as to ‘minor error’, referring to Melki v Bouygues E and S Contracting UK and Jasim v LHR Airports.
  • Changes to r 37 apply to pending as well as future proceedings.
  • Addresses question of when two employment tribunal claims are consolidated and when they are tried together.

‘The denizens of the Employment Appeal Tribunal seem to me to be a hard-hearted lot… and mercy flows thinly in the lifeblood of the rules,’ remarked the Court of Appeal in Woods v Suffolk Mental Health NHS Trust [2007] EWCA Civ 1180. This observation refers to r 37, which requires an appeal to the EAT to be instituted within 42 days of the sending out of the tribunal’s reasons. United Arab Emirates v Abdelghafar & Anor [1995] IRLR 243, [1995] ICR 65 confirmed this rule, laying out the test for granting an extension:

a. What is the explanation for the default?

b. Does it provide a good

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MOVERS & SHAKERS

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

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