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leanne-jones
leanne-jones, Barrister
Category: Law
Satisfied Customers: 183
Experience:  Barrister
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I lost my job unfairly, was refused leave to appeal,got my

Customer Question

I lost my job unfairly, was refused leave to appeal,got my appeal in late and was refused an extension of time; have I any further opportunity for redress?.
Submitted: 3 years ago.
Category: Law
Expert:  leanne-jones replied 3 years ago.

leanne-jones :

Hello - my name is Leanne and it will be my pleasure to assist you today.

leanne-jones :

So I am clear when you say your appeal was refused because it was out of time, do you mean for filing at an Employment Tribunal?

JACUSTOMER-2goyyn57- :

Initially refused leave to appeal, late submission 10 days is there an alternative way of getting compensation from my former employers.

leanne-jones :

You mean refused leave to appeal to the employer or to the Tribunal? Just so I understand

JACUSTOMER-2goyyn57- :

Refused leave to appeal by a judge following the judgement, I messed up the appeals process by submitting my appeal late, I was depressed.

leanne-jones :

It is only possible to appeal to the EAT on a question of law. The EAT considers the circumstances in which a tribunal's failure to give adequate reasons for its decision, a breach by the tribunal of the rules of natural justice or excessive delay in a tribunal giving its decision, can amount to an error of law on the tribunal's part. It also considers circumstances in which the tribunal's treatment of facts can amount to an error of law and cases where there is no evidence to support its findings of fact. In addition it considers when a tribunal's decision can be appealed on grounds of perversity or that it reached its decision following an erroneous exercise of discretion.

leanne-jones :

But if you were just out of time, sadly I do not think you have grounds of appeal. As such that means you have exhausted all avenues of a Tribunal.

leanne-jones :

I am sorry

JACUSTOMER-2goyyn57- :

Can I take my employers to court, they have lied a lot and I have new evidence

JACUSTOMER-2goyyn57- :

Other avenue.

leanne-jones :

However here is a leaflet from the Employment Tribunals on appeal: http://www.justice.gov.uk/downloads/tribunals/employment-appeals/forms-and-how-to-appeal/iwanttoappeal.pdf

leanne-jones :

I am sorry no, not for unfair dismissal as the Employment Tribunal is the required route in the UK

JACUSTOMER-2goyyn57- :

Is that the last word Leanne?.

leanne-jones :

I am sorry yes. If you have applied for leave to appeal and it was refused, your only option is to seek leave out of time. The process states"

Time runs from the date the ET
Judgment/Decision/Direction/Order/Reasons was sent to
parties. This is given on an official stamp normally found
on the last page of the document. An example of
calculating time: if the date on the official stamp is a
Wednesday, your Notice of Appeal must be lodged on
the Wednesday 42 days (six weeks) later. Please be
aware that it is your responsibility to work out the time
limit for lodging an appeal. EAT staff will not do this for
you (see paragraphs 3.1 to 3.4 of the PD)."

leanne-jones :

And "

You can make an application to the EAT for an extension
of time but only at the time of, or after, lodging a Notice
of Appeal. Applications for an extension of time cannot
be considered until a Notice of Appeal (in accordance
with paragraph 2.1 of the PD) has been lodged with EAT.
You must make a formal request, addressed to the
Registrar, giving full reasons for the delay. The application
will be determined by the Registrar upon consideration of
the papers (see paragraphs 3.5 to 3.9 of the PD).
You should be aware, however, that only in the most
exceptional circumstances will time be extended."

leanne-jones :

Does this answer your question?

JACUSTOMER-2goyyn57- :

I had hoped for an alternative way.

leanne-jones :

I am sorry, but the law and rules are quite clear.

JACUSTOMER-2goyyn57- :

What about a judicial reveiw.

JACUSTOMER-2goyyn57- :

If I can get a good case together.

leanne-jones :

You can only Judicially Review a decision one you have exhausted all avenues of appeal. Even then a Court will only consider whether the decision made was legal and reasonable. The rules are quite clear and if you are out of time then your JR case is likely to fail

leanne-jones :

The Tribunal made a proper decision in accordance with the rules and you accept it was late.

JACUSTOMER-2goyyn57- :

No defence on that but on the original decision yes.

leanne-jones :

Only if the EAT made a decision could you appeal to the Court of Appeal, but again it must be on a point of law. Sadly just because you are late I do not see that you have a case here..............

leanne-jones :

I realise this is not the answer you want, but I have a duty to tell you the honest answer, even if it is not what you want to hear

JACUSTOMER-2goyyn57- :

The opposition gave me a bundle of 370 papers all mmixed up and introduced new evidence,a week before the tribunal.

leanne-jones :

Yes I understand, but the problem is you have been refused leave to appeal

leanne-jones :

It matters not how good your case is, you can not get over that hurdle

leanne-jones :

I am sorry to be the bearer of bad news

leanne-jones :

Is there anything else I can help you with today?

JACUSTOMER-2goyyn57- :

Ok forgetting the required route, the opposition really messed up on about 50 points and counting, lied under oath, police evidence that I have applied for re injuries exhonerates me, I had been assaulted by a work colleague, my employers had done little to secure my safety, six complaints

leanne-jones :

Yes I understand what you are saying. But your legal route is limited. However if you have been assaulted you should contact the Police

JACUSTOMER-2goyyn57- :

How much do I have to pay.

leanne-jones :

For this? I think you pay a one off fee. I am an expert so can not see your side of things, nor do I have any access to billing

leanne-jones :

However even though is not the answer you want, I would be grateful if you could give me a great rating.

leanne-jones :

I can then refer your billing question to customer services if you wish?

JACUSTOMER-2goyyn57- :

dissapointed now that avenues are closed, no fault of yours you have been very good

leanne-jones :

Thank you. If you could rate my answer on the quality of it, rather than whether or not you like the answer!

leanne-jones :

I understand you are disappointed and I would be if I were in your shoes.

JACUSTOMER-2goyyn57- :

One last question and I promise this is the last one, forgetting unfair dissmisal on other areas where I can prove that they lied or used illegal tricks like trying to access my data, by asking for a police report when I had not been guilty of a crime and where they had commited perjury by denying under oath asking for a police report. Discrimination generally asking a work colleague if I take drugs?.

leanne-jones :

Yes, but this makes no difference if you have no venue to have your claim heard. There would need to be a trial and a finding. You can not have that as the ET would be the venue

JACUSTOMER-2goyyn57- :

always the et.

leanne-jones :

Sadly.......

leanne-jones :

Welcome - please remember to rate my answer. Thanks

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