Time limit

Woodward v Abbey National plc; J P Garrett Electrical Ltd v Craig Cotton EAT 26 July

Where an appeal is lodged by fax with the Employment Appeal Tribunal, the Notice of Appeal and all the required documents must be received complete by the EAT, as recorded in its fax receipt log, by 4.00pm on the relevant day if it is to be in time. The decision of the EAT in Clark v Midland Packaging Ltd [2005] 2 All ER 266 was disapproved. It is common sense to accept the accuracy of the record of receipt in the fax log of the EAT, and not to accept either uncertain evidence about the accuracy of the sender’s machine or some kind of speculation as to electronic receipt short of the record in the EAT fax log. The correct course was to interpret Practice Direction (EAT: procedure) [2005] ICR 660 by reference to the EAT fax receipt log. The requirement that the complete document be received by the EAT by 4.00pm meant that it must be recorded and received in the automatic fax log, which was generated by the electronic system operated at the EAT. The assumption in the future would be that the entire document had to be faxed in sufficient time for it to arrive with the EAT as a complete document prior to 4.00pm.