Mire v Odeon Cinema - merits of a case can be taken into account when an extension of time for making a claim is being considered - Court of Appeal 21.8.07
Mrs Mire left her job with Odeon after friction with colleagues and claimed constructive dismissal. An employment tribunal rejected her claim. She appealed to the EAT - out of time by one day for a number of reasons, some of them medical.
In the EAT Elias P considered that the reasons for the delay could justify time being extended. However, since on its merits the appeal plainly could not succeed, there was no point in allowing it to go forward. Mrs Mire appealed to the Court of Appeal