Representation:-

• while it is well established that the EAT's discretion to extend the period to allow an appeal to proceed submitted outside the statutory time limit should only be exercised rarely and exceptionally, this means that the discretion should only be exercised in rare and exceptional circumstances and not because the case itself is a rare and exceptional one;
  
• although the EAT Rules of Procedure were amended with effect from 1st October 2004 to expressly provide for the "overriding objective" to deal with cases justly, it is arguable whether or not this made any material difference to the way in which consideration should be given to allowing an extension of time for appealing.

For relevant general notes see Employment Appeal Tribunal/time-limit for appeals to EAT and/or Employment Appeal Tribunal/overriding objective .