Representation:-

it is only in very exceptional circumstances that unreasonable delay by an employment tribunal in propagating a decision can be grounds for an appeal to the EAT. This is because delay will normally be a matter of fact not law and, by statute, appeals to the EAT are allowed only on points of law. Exceptionally, a question of law might arise if because of excessive delay there was a real risk that a litigant had been deprived of his right to a fair trial as in that situation the tribunal's decision might be categorised as "perverse". It is settled law that "perversity" is a matter of law so in that exceptional situation the EAT would have jurisdiction.

editor's note:
on 4th May 2005 the employer was given leave to appeal to the House of Lords against the Court of Appeal ruling noted below (see [2005] ICR 1161).

For relevant general notes see Procedure of Employment Tribunals/2004 rules/rule 28 - orders and judgments and/or Employment Appeal Tribunal/jurisdiction/fact or law? .