Employment law

The introduction into the Employment Appeal Tribunal (EAT) rules of the “overriding objective... to deal with cases justly” does not mean that the EAT must adopt a more relaxed approach to the extension of the 42-day time limit for appealing than that set out by the EAT in United Arab Emirates v Abdelghafar [1995] ICR 65, [1995] IRLR 243.

It will only be in rare and exceptional cases that it will be appropriate to extend time. The principles identified in Abdelghafar remain good law, although they are guidelines and every case will turn on its facts. The decision whether to extend time is pre-eminently a discretionary one for the judge. In the ordinary run of cases, it will be necessary for a good excuse for the delay to be shown. However, even if the explanation does not amount to a good excuse, there may be exceptional circumstances which still justify an extension.