Employment Appeal Tribunal Dismisses Out-of-Time Claims Against Health and Safety Executive
The Employment Appeal Tribunal has dismissed four appeals after ruling they were filed out of time and lacked any reasonable prospect of success.
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Tribunal Refuses Extension of Time for Multiple Appeals
The Employment Appeal Tribunal (EAT) has rejected four separate appeals brought by Mrs S Stephens against the Health and Safety Executive (HSE). Deputy Judge Andrew Burns KC ruled that the appeals were filed significantly out of time and failed to demonstrate exceptional circumstances that would justify an extension.
The case followed a series of employment tribunal disputes regarding disability, age, and sex discrimination. Before the final hearing, the claimant’s husband, acting as her lay representative, negotiated a settlement via ACAS. This resulted in the withdrawal of the claim and its subsequent dismissal by the tribunal.
Lack of Exceptional Circumstances
The appellant, who appeared in person, argued that her health conditions, including ADHD and anxiety, alongside family caring responsibilities, contributed to the delay. However, the EAT found that the medical evidence provided did not establish that her conditions prevented her from filing the appeals within the statutory 42-day limit. The judgment emphasised that litigants in person are held to the same standards regarding time limits as those with legal representation.
Furthermore, the tribunal noted that the appellant had been capable of corresponding effectively with the employment tribunal during the period in question. Her husband, who acted as her representative, was also found to have had the authority to bind the claimant to the settlement.
Merits Deemed Hopeless
In addition to the procedural failures, the EAT conducted a preliminary investigation into the merits of the appeals. Deputy Judge Burns concluded that the claims were either very weak or bound to fail. The tribunal held that the appeals were effectively rendered academic by the binding COT3 settlement agreement. Consequently, the court decided it would not be a proportionate use of resources to extend time for cases that lacked reasonable grounds for success.
The judgment serves as a reminder of the importance of adhering to procedural deadlines and the finality of ACAS-conciliated settlements in employment disputes.
Read the entire judgment here: Mrs S Stephens v The Health and Safety Executive [2026] EAT 88
