A Bindi v Metropolitan Thames Valley

Facts

The claimant, Mr A Bindi, brought claims of unfair dismissal, wrongful dismissal and race discrimination against Metropolitan Thames Valley in the employment tribunal in December 2020. With a full merits hearing listed for September 2023, the respondent applied on 4 May 2023 for one of its prospective witnesses, who no longer worked for it, to give evidence by CVP, citing her commitments in a new job and childcare considerations. The claimant opposed the application, but by letter of 9 June 2023 the tribunal notified the parties that Employment Judge R Lewis had granted it. The claimant sought to appeal that case-management decision. His notice of appeal had to reach the EAT by 4 p.m. on 21 July 2023; his email arrived on the EAT's server at 4.02 p.m. and was deemed received the following working day. The EAT's Registrar held the appeal to have been instituted out of time and, in May 2024, refused to extend time. Meanwhile the September 2023 hearing was postponed for lack of judicial resource and re-listed for December 2024; Employment Judge Quill granted a fresh application for the same witness to give evidence remotely, and after the claimant failed to attend, Employment Judge Hyams dismissed his claims under rule 47. Appeals against those decisions and against the refusal of reconsideration all failed. The claimant appealed from the Registrar's order to a judge of the EAT.