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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

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MOVERS & SHAKERS

Withers—Sophie Barrett-Brown

Withers—Sophie Barrett-Brown

Withers drives further growth in its UK immigration team with new partner Sophie Barrett-Brown

Venus Legal—Esther Amoako

Venus Legal—Esther Amoako

Venus Legal invests in next generation of legal talent as specialist litigation practice grows

Fisher Phillips—Catrina Smith

Fisher Phillips—Catrina Smith

Fisher Phillips continues momentum in London with arrival of Catrina Smith

NEWS
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
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