EAT Rules 3(3) [1] require a Notice of Appeal and all supporting documents to be lodged within 42 days. The effect is that the appeal must be lodged by 4.00 pm on day 42 following the sending of the Employment Tribunal reasons to the parties. In these cases the Registrar of the EAT refused to allow late notices of appeal.

In Bost's case it was one day late; in Sybersolve's case it was 16 days late. Both parties appealed against the Registrar's decision.