Missing page risks right to appeal


A missing page from an application to the Employment Appeal Tribunal (EAT) meant that the appeal had not been properly submitted in time. 


In Fincham v Alpha Grove Community Trust UKEATPA/0993, an unrepresented claimant won his claim for unfair dismissal in an employment tribunal but appealed against the rejection of his claim for breach of contract. 


He appealed to the EAT within the 42-day time limit but had left out a page that contained the employer’s Grounds of Resistance. 


Once he discovered the error, he supplied the missing page, but this was 20 days after the time limit had expired. 


Fortunately, the basis for appeal was clear without the missing page and, since this was a genuine mistake that was quickly rectified, the EAT allowed the appeal to proceed.