Desmond v Cheshire West UKEATPA/0007/12/DM
Published on: 03/08/2012
Issues Covered:
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Background
The day before the end of the limitation period, the claimant attempted to send scanned documents on appeal to the EAT. The documents which the claimant was trying to send were too large to send successfully. The claimant therefore decided to send them via a third party website, called TransferBIGFiles. In order for this to be done, the third party company TransferBIGFiles required the EAT to download the files using a link. However on the EAT website there is a warning that documents are not considered lodged when a link is sent in this manner. The claimant failed to see this warning on the website. The Registrar ruled that the files had not been correctly lodged and dismissed the Notice of Appeal as the period of limitation had ended. The claimant brought appeal proceedings. 97The EAT allowed the appeal. As the claimant did not see the warning on the website and could not have known that the documents were not lodged, the claimant was entitled to assume the EAT website would accept the documents. The claimant was entitled to rely on TransferBIGFiles‟ confirmation to him that the document had been sent and lodgment was complete. The claimant responded very promptly when becoming aware that the document had in fact not been lodge as a result the EAT allowed for an extension of http://bit.ly/IPokf
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Disclaimer
The information in this article is provided as part of Legal Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.
This article is correct at 03/08/2012
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