Notice of Appeal: EAT grants extension of time where honest mistake re missing documents and timely rectification

In X v (1) Y (2) Z (3) CORE Education Trust [2025] EAT 128, the EAT considered whether an honest mistake in failing to attach required documents to a timely Notice of Appeal could justify an extension of time under Rules 37(1) and 37(5) of the EAT Rules 1993, SI 1993/2854. The claimant had the necessary documents prepared but omitted them due to a genuine error, potentially influenced by dyslexia, back pain, and misunderstanding of the time limit. Despite delays, the claimant responded reasonably once notified of the deficiency, and the respondent did not claim prejudice. The EAT emphasised the distinction between failing to lodge a Notice of Appeal and failing to include required documents, noting that the latter may be treated more leniently. By the time the claimant had sent the required documents, the Registrar found the appeal was 25 days out of time. However, given the honest explanation, minor nature of the error, and in the EAT’s view timely rectification, the EAT allowed the appeal from the Registrar’s Order refusing an extension of time, and granted an extension under both Rule 37(5) and Rule 37(1), allowing the appeal to proceed to the sift stage.

Pro Employment Law

Formed in 2017, following significant legislative changes designed to increase competition within the legal services marketplace, Pro Employment Law is a progressive set of barristers’ chambers, consisting only of experienced employment law barristers, offering a full range of specialist advisory, case management, and advocacy services directly to the public through the Public Access scheme. We supply our legal services exclusively in the area of Employment Law to clients located across England & Wales. All of the legal services we supply are covered by professional indemnity insurance with Bar Mutual.