[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]
	United Kingdom Employment Appeal Tribunal
You are here: BAILII >> Databases >> United Kingdom Employment Appeal Tribunal >> Hazani v. High Grade Computers Plc [2000] EAT 1495_99_2507 (25 July 2000) URL: http://www.bailii.org/uk/cases/UKEAT/2000/1495_99_2507.html Cite as: [2000] EAT 1495_99_2507

[New search] [Printable RTF version] [Help]

APPEARANCES

 

For the Appellant	MR A CHANT (Consultant)
For the Respondent	No Appearance by or on behalf of the Respondent


 


JUDGE CLARK

1. On 3 September 1999 the Stratford Employment Tribunal promulgated their reserved decision with extended written reasons in this case, dismissing the Appellant's complaint of unfair dismissal and disability discrimination.
2. On 10 November 1999, outside the ordinary 42 day time limit for appealing the Employment Tribunal decision to the Employment Appeal Tribunal, the Appellant Mr Ghazani faxed a Notice of Appeal to the Stratford Employment Tribunal. He finally lodged a copy of that Notice with the Employment Appeal Tribunal on 30 November 1999.
3. On 13 January 2000 he made application to the Employment Appeal Tribunal for an extension of time for appealing. That application was opposed by the Respondent by a fax dated 26 January 2000. On 16 March 2000 the Registrar refused an extension of time for appealing by an order made on that date.
4. Against the Registrar's order the Appellant appealed, out of time (the time limit being 5 days) by a letter dated 12 May 2000. It is that appeal which is now before me.

Extension of Time for Appealing

5. Appeals to the Employment Appeal Tribunal out of time will only be permitted in exceptional circumstances. It is for the Appellant to satisfy me that he has provided a full, honest and acceptable explanation of the reasons for delay. Aziz –v- Bethnal Green City Challenge Co Ltd (2000) IRLR 111, approving the guidance given by Mr Justice Mummery in United Arab Emirates –v- Abdelghafar (1995) ICR 65.

The Appellant's Explanation

6. Mr Ghazani says the he did not receive the Employment Tribunal decision until 23 September 1999. Assuming that to be correct, the date of promulgation on the face of the decision is 3 September. Time ran from that date.
7. Instead of lodging a Notice of Appeal with the Employment Appeal Tribunal he sent it by fax to the Employment Tribunal on 10 November 1999 (out of time). That is not a good excuse. See Abdelghafar page 71E.
8. In these circumstance I am not satisfied with the explanation put forward for the delay in lodging the Notice of Appeal with the Employment Appeal Tribunal.
9. In these circumstances it is not necessary for me to consider the further question of whether or not to extend time for his appeal against the Registrar's order.
10. This appeal must be dismissed.