Hawkes v Oxford Economics [2022]
Decision Number: EAT 179 Legal Body: Employment Appeal Tribunal (England & Wales)
Published on: 09/02/2023
Article Authors The main content of this article was provided by the following authors.
Jason Elliott BL Barrister & Associate Head of School of Law, Ulster University
Jason Elliott BL Barrister & Associate Head of School of Law, Ulster University
Jason elliott new
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Jason Elliott was called to the Bar of Northern Ireland in 2013 and is the Associate Head of School of Law at Ulster University.  As a practising barrister, he has developed a largely civil practice representing individuals, companies and public bodies in litigation. This covers a wide range of areas including personal injuries, wills and employment law. In terms of employment law, he has represented both applicants and respondents in the Industrial Tribunal.   At Ulster University, Jason lectures extensively on the civil areas of practise such as Equity and Trusts and delivers employment law lectures for both undergraduate and postgraduate students.

Appellant:
Hawkes
Respondent:
Oxford Economics
Summary

The EAT exceptionally granted an extension of time after finding that the claimant’s late appeal was caused by a technical fault outside his control and not by any fault of his own.

Background

Background:

The claimant brought a claim for unfair dismissal.  This was dismissed by the Tribunal in December 2020.  The deadline to appeal that decision was 16.00 on 9th February 2021.  Half an hour before this deadline the claimant submitted a series of emails containing the requisite appeal documentation.   One of these included the notice of appeal and the original judgment.

The EAT did not receive the documentation and informed the claimant that he would have to apply for an extension of time.  The claimant stated

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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 09/02/2023