The Health and Safety Executive

Case Summary

The claimant brought four out-of-time appeals against employment tribunal decisions relating to disability, age and sex discrimination claims, arguing delay was caused by ill health and personal circumstances. The EAT upheld the Registrar's refusal to extend time, finding the claimant had not demonstrated exceptional circumstances, her medical evidence did not establish her conditions prevented timely appeals, and the underlying appeals lacked merit and were likely rendered academic by a binding COT3 settlement.

The tribunal found the claimant had not demonstrated exceptional circumstances justifying extension. Her medical evidence did not establish that her health conditions prevented timely appeals, and her status as a litigant in person did not excuse non-compliance. The appeals lacked merit and were rendered academic by a binding COT3 settlement.

Use these claim-type pages to compare this decision with other published tribunal cases, outcome patterns, and visible award data.

• •Extension of time for appeals out of time
• •Explanation for delay in instituting appeals
• •Whether medical evidence supports delay due to ill health
• •Effect of binding COT3 settlement on appeals
• •Merits of case management appeal decisions
• •Whether litigant in person status excuses non-compliance with time limits

© EAT 2026 Page 1 [2026] EAT 88 Judgment approved by the court for handing down Mrs Stephens v HSE Neutral Citation Number: [2026] EAT 88 Case Nos: EA-2024-000530-AT, EA-2024-000839-AT EA-2024-000842-AT, EA-2024-000847-AT EMPLOYMENT APPEAL TRIBUNAL Rolls Building Fetter Lane, London, EC4A 1NL Date: 16 June 2026 Before: ANDREW BURNS KC DEPUTY JUDGE OF THE HIGH COURT - - - - - - - - - - - - - - - - - - - - - Between: MRS S STEPHENS Appellant - and – THE HEALTH AND SAFETY EXECUTIVE Respondent - - - - - - - - - - - - - - - - - - - - - The Appellant appeared in person Tom Brown (instructed by TLT Solicitors) for the Respondent APPEAL FROM REGISTRAR’S ORDER Hearing date: 3 June 2026 - - - - - - - - - - - - - - - - - - - - - JUDGMENT © EAT 2026 Page 2 [2026] EAT 88 Judgment approved by the court for handing down Mrs Stephens v HSE Practice and Procedure – Jurisdictional/Time Points The Claimant brought claims in the Employment Tribunal for disability, age and sex discrimination. Following case management decisions refusing postponement of the final hearing and permitting a witness to give evidence by CVP, the claimant’s representative withdrew the claim as part of an ACAS conciliated settlement. The Tribunal dismissed the proceedings on withdrawal. The Claimant brought four appeals but all were presented out of time. The Registrar refused extensions of time, and the Claimant appealed those refusals. She argued for extending time as delay was explained by ill health and personal circumstances. The EAT considered the relevance of the underlying merits, including where a binding COT3 settlement may render the proposed appeals academic. Held: The Claimant had not demonstrated…