Time Limits for Appeals to the EAT

The Court of Appeal has, today, handed down judgment in Gdynia American Shipping Lines (London) Ltd v Chelminski.

Overruling previous EAT authorities, the Court of Appeal held that the 42 days for lodging an appeal from the tribunal's decision runs from the date that the decision is sent out by the tribunal office. It does not start running (despite s7 of the Interpretation Act 1977 saying that service is effective two days after postage) from the deemed date of service.

The previous cases of Immigration Advisory Service v Oommen and Scotford v SmithKline Beecham are wrongly decided and are overruled.