Adam Willoughby Successful in Employment Appeal Tribunal

Adam Willoughby successfully represented the Respondent to an appeal before the Employment Appeal Tribunal on the question of extending time to bring an appeal. 

 Adam had successfully represented the Respondent at a 5-day Final Hearing in Glasgow in July 2025, following which the Claimant appealed. The appeal was lodged 2 days late. The Appellant made an application for an extension of time which was rejected by the Registrar. He appealed further. Adam represented the Respondent before Lord Fairley, the President of the EAT. 

 The EAT held that Ridley v. HB Kirtley (t/a Queen’s Court Business Centre) [2025] ICR 441 did not exclude a discretionary extension of time for a mistake as to the time to bring an appeal, but the explanation given for how the mistake arose must still be full, honest and acceptable. In the instant case, the Appellant had not demonstrated any credible or acceptable explanation as to why an extension of time should have been granted. The Appellant had received an email from the EAT office detailing the date on which an appeal should have been brought. The Appellant initially denied receiving the email, but when directed to his reply to the same, alleged he only read half of it. The EAT found the Appellant’s explanations and allegations he became “confused” as to the time limit neither “credible or acceptable”. No other exceptional reason justified an extension of time. The appeal was therefore refused. 

 Adam will be leading Danny Smith in the EAT again later in the year. See the news article here. Adam will also be leading Camilla Bonifai and Danny Smith later in the year when they will be defending a number of local authorities against combined class actions. The claims are by TTO workers in respect of alleged underpayment of holiday pay. The Final Hearing is expected to last several weeks.