Tuckett v Ovum Ltd

An appeal from an Employment Tribunal lies only on a question of law. It is not a retrial or a rehearing of factual disputes. Findings about the reason for dismissal are matters for the Employment Tribunal, provided it directed itself correctly in law and reached a conclusion open on the evidence.

An extension of time for appealing is granted only in exceptional circumstances. The explanation must amount to a real excuse for the delay, and substantial delay is approached with circumspection.

The appellant claimed disability discrimination after his employment with the respondent was terminated. The Employment Tribunal found that he was disabled but concluded that he was dismissed for under-performance, not for a reason relating to his disability. It dismissed the claim.

The Employment Appeal Tribunal dismissed his appeal at a preliminary hearing, holding that the Employment Tribunal was entitled to reach that conclusion. The appellant then sought permission to appeal to the Court of Appeal out of time and wished to rely on additional medical evidence. The central issues were whether there was an appealable error of law and whether the delay justified an extension of time.

1. Permission and extension refused. The Court refused both the application for permission to appeal and the application for an extension of time.
2. The Court of Appeal has jurisdiction to hear appeals on questions of law. That includes errors in interpreting or applying the law to facts found by the Employment Tribunal. It does not include an appeal on factual questions requiring the court to decide which account of events is probably true.
3. The Employment Tribunal correctly directed itself on the relevant legal provisions and authorities. It was entitled to assess the evidence and decide as a matter of fact that the reason for dismissal was under-performance and was not related to the appellant’s disability. No error of law was shown.
4. An appeal is a review of the original decision to ensure that it was reached according to law. It is neither a retrial involving witnesses nor a rehearing on paper to determine whether the Court of Appeal would have reached the same factual conclusion.
5. Extensions of time are granted only in exceptional cases. The court must be satisfied that the explanation provides a real excuse for failing to act earlier. Although the appellant’s account of his illness and misunderstanding of the appropriate procedural route was accepted as truthful, a delay of more than a year required circumspection and did not justify an extension. In any event, the proposed appeal had no real prospect of success.

• Court of Appeal (Civil Division): Applications for permission to appeal and an extension of time refused.
• Employment Appeal Tribunal: Appeal dismissed at a preliminary hearing. The Employment Tribunal was entitled to conclude that the dismissal was not for a reason relating to disability.
• Employment Tribunal: Disability discrimination, breach of contract and unauthorised deduction of wages claims dismissed.