Claimant v Mr Adam Thompson — 2019

Urban Living Constructions Ltd appealed against a prohibition notice issued by Health and Safety Inspector Adam Thompson on 5 August 2019. The appeal was lodged outside the normal 21-day time limit under rule 105, being 22 days late. The company said the delay arose because it had not been allowed back into site for a period, which delayed the investigations needed to decide whether an appeal should be brought.

The tribunal accepted that it was not reasonably practicable for the appeal to be presented in time because the appellant did not know, until those investigations could be carried out, whether an appeal should be submitted. It also found that the short delay of 22 days was a reasonable period for presentation. Although the appellant did not attend the hearing, the respondent wrote confirming that he did not oppose the extension of time or the appeal itself.

Relying on rule 48, the tribunal converted the preliminary hearing into a final hearing because neither party would be prejudiced and both wanted a final determination without delay. As Mr Thompson did not oppose the appeal, the tribunal upheld the appeal and overturned the prohibition notice. No monetary remedy was awarded.