Carroll v Mayor's Office for Policing and Crime

Employment – Practice and procedure. The employee and his colleague (the co-claimant) alleged unfair dismissal against their employer. The claims were dismissed. The employment tribunal dismissed the employee's application for an extension of the time to present his notice of appeal, in circumstances where he had not included the ET1 and ET3 forms of the co-claimant. The Employment Appeal Tribunal, dismissing the employee's appeal, ruled that the time limited by r 3(3) of the Employment Appeal Tribunal Rules 1993, SI 1993/2854, for serving the documents necessary for the proper institution of an appeal, started to run when an employment tribunal sent out a judgment and written reasons even though it had been wrongly addressed. Further, where two cases involving two different claimants were heard together, the two cases constituted the 'proceedings' for the purposes of r 3(1) of the Rules, and even if only one claimant proposed to appeal, r 3(1)(b) required the prospective appellant to either serve the ET1 form and ET3 forms in the co-claimant's case or give an explanation for not doing so. An appeal would not be properly instituted where neither step had been taken.

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