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Whitbread v Lancashire Teaching Hospitals NHS Foundation Trust - From when does 42 day appeal time limit run [2011] EAT

(i) An appeal to the EAT must be lodged within 42 days of the date that the tribunal judgment was sent to the parties (not the date the judgment was entered in the Register);

(ii) It is not reasonable to await the outcome of a Review before lodging Notice of Appeal (and thus seek an extension of the time limit for doing so) - an appeal should be lodged in any event.

Miss Whitbread brought an unfair dismissal claim, which an employment tribunal dismissed. She sought a Review, which upheld the original judgment. It corrected one typing error but not a second - apparently it was these two typing errors (which as a matter of linguistics caused opposite meanings to what the tribunal clearly intended) which were causing Miss Whitbread concern, and which she wanted rectified before she would consider an appeal. She confirmed at the Review hearing that she had not lodged an appeal, but she had made some inquiries of the EAT.

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