Posted: Friday, 4 January 2019 @ 13:43
Something must be seriously wrong when a senior judge is advising people to keep as far away from the law as possible.
The comments were made by Lord Justice Mummery in a Court of Appeal decision. He was considering whether to allow an appeal by a restaurant owner who had been ordered to pay £14,777 in compensation to a former employee for unfair dismissal and disability discrimination.
The restaurant owner, David Piper, had attempted to lodge his notice of appeal with the
Employment Appeal Tribunal (EAT) in person. But the office was closed, and so his notice was not lodged within the six-week deadline.
Lord Justice Mummery ruled that the appeal should not be allowed on the basis that the six-week time limit was generous and, in any event, Piper's claim had no reasonable prospect of success.
The judge expressed some sympathy with Mr Piper saying he was “sympathetic to all litigants who get caught up in our legal system” and went on to advise that people are “best off having nothing to do with it.”
Hardly words to instil confidence are they? Perhaps this particular Lord Justice is reflecting what others have believed for some time. The law in England has become so complex and convoluted that it’s beyond the understanding of those required to comply with it.
As lawyers we have to study the rules, know the Court deadlines and make sure we file the paperwork correctly, but for he layperson understanding all the intricacies is no mean feat. This case does however highlight an important point for anyone taking a case to the
Employment Tribunal and that is that strict deadlines have to be adhered to, there are no second chances and no exceptions. Miss a deadline and your claim may be struck out, a default judgement awarded against you or in extreme cases you’ll be facing the prospect of paying your opponents costs.
Justin Patten
Employment law solicitor