Tasneem v Dudley Group of Hospitals NHS Trust - Out of time appeal can proceed as tribunal decision was not sent on date recorded on it [2010] EAT

42 days to appeal to the EAT run from the date when a tribunal decision is sent to the parties. That date is recorded on the decision. A tribunal must ensure that it is actually sent (ie posted) on that date - and that it can prove, if need be, that this has been the case. 

Consultant surgeon Dr Tasneem's employment tribunal claims against Dudley NHS Trust were dismissed by the tribunal after a 12 day hearing. He appealed to the EAT but the Registrar rejected his appeal as having been served two days out of time. Time limits in the EAT are strictly enforced, as evidenced by numerous authorities over recent years. Dr Tasneem appealed against the Registrar's decision, basing his appeal on what he claimed must be an error in the detailed, 41 page, tribunal judgment.

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