Employment Appeal Tribunal Dismisses Academic Appeal After Refusing Last-Minute Amendment
The Employment Appeal Tribunal has dismissed an appeal as academic after refusing a late application to amend the claimant's notice of appeal.
• public
Appeal Found to be Academic
The Employment Appeal Tribunal (EAT) has dismissed an appeal brought by Ms Donna Harding against St George’s University Hospital NHS Foundation Trust. The judgment, delivered by Marcus Pilgerstorfer KC, Deputy Judge of the High Court, confirmed that the claimant's existing grounds of appeal were academic because the original Employment Tribunal had already ruled that her reasonable adjustment claims were out of time.
Application to Amend Refused
Shortly before the full appeal hearing, Ms Harding sought permission to amend her notice of appeal to challenge the Employment Tribunal's decision not to extend time for her claims. The EAT exercised its discretion to refuse this application. The judge highlighted several critical factors in his decision, including the significant delay in making the application and the potential prejudice to the respondent.
The court noted that the application was made very late in the proceedings, well after the initial hearing and after substantial preparation had been undertaken. The judge stated that allowing the amendment would require an adjournment, which would contradict the overriding objective of dealing with cases justly and efficiently, particularly given the current backlogs within the tribunal system.
No Sufficient Explanation for Delay
While the claimant argued that she was unaware of the limitation issue until she received pro bono representation, the judge ruled that this did not constitute a sufficient explanation for the delay. He emphasised that litigants are expected to comply with practice directions and procedural rules. Although the proposed new ground of appeal was considered arguable, this did not outweigh the strong factors pointing against permitting the amendment at such a late stage.
With the application to amend dismissed, the remaining grounds of the appeal were rendered academic and were subsequently dismissed.
Read the entire judgment here: D Harding v St Georges Hospital [2026] EAT 100
