EAT grants appeal extension following genuine procedural mistake

The Employment Appeal Tribunal's recent judgement in X v Y & Ors (1 September 2025) demonstrates judicial flexibility when genuine mistakes affect procedural compliance. The case clarifies the distinction between wholesale failure to appeal within prescribed timeframes and late submission arising from honest error.

Case background

X brought unsuccessful claims of race and sex discrimination, harassment, and victimisation before an Employment Tribunal. Following judgement delivery on 10 October 2022, X filed a Notice of Appeal on 22 November without the requisite supporting documentation. X contended that the appeal deadline commenced only upon receipt of written reasons, not the original judgement date.

X maintained that whilst the necessary documents had been prepared, they were inadvertently omitted from submission due to personal circumstances including back pain and dyslexia. This genuine mistake formed the crux of the application for an extension of time.

Judicial analysis

Judge James Tayler distinguished between appellants who fail entirely to submit appeals within prescribed periods and those who submit deficient documentation through honest error whilst demonstrating clear intention to appeal. This distinction proved crucial given amendments to EAT Rules from September 2023, which provide greater flexibility for minor documentary deficiencies.

The EAT acknowledged X's serious discrimination claims and recognised his prompt efforts to rectify the procedural error upon realisation. The assessment balanced procedural strictness against the imperative to maintain access to justice where genuine mistakes occur.

Balancing procedural compliance with fairness

The judgement reflects established precedent that procedural rules serve important administrative functions but must not operate as insurmountable barriers to justice where legitimate errors occur. Judge Tayler emphasised that whilst compliance remains paramount, judicial discretion exists to prevent procedural technicalities from defeating meritorious claims.

The EAT's approach acknowledges the human element inherent in legal proceedings. Personal circumstances affecting an appellant's ability to comply perfectly with procedural requirements warrant consideration, particularly where the individual demonstrates genuine intent to pursue their appeal and acts swiftly to remedy deficiencies.

The decision

The EAT granted X a twenty-five-day extension to submit outstanding documentation, permitting the appeal to proceed. This decision reinforces that judicial discretion operates to ensure substantive justice whilst maintaining appropriate procedural standards.

The extension recognises that X's failure stemmed from honest mistake rather than deliberate non-compliance or tactical delay. The swift application to remedy the error further supported the finding that procedural flexibility was appropriate in these circumstances.

Implications for practice

This judgement reinforces that the EAT will exercise discretion sympathetically where genuine errors prevent complete compliance with procedural requirements. However, the decision equally emphasises that such flexibility depends upon honest mistake, prompt action to rectify errors, and demonstration of clear intention to pursue the appeal.

The case serves as a reminder that whilst procedural compliance remains essential, the judicial system retains capacity to prevent technical deficiencies from defeating legitimate claims. The balance struck reflects the ongoing evolution of appellate procedures to ensure both administrative efficiency and substantive fairness.

The judgement ultimately demonstrates the EAT's commitment to proportionate responses to procedural failures, ensuring that justice remains accessible whilst maintaining appropriate standards of compliance.

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