The EAT has allowed a claim to proceed even though it appeared to be out of time notwithstanding that the claimant did not provide evidence in person.
The case is Accurist Watches -v- Wadher and this is the summary of the decision taken from the judgment:
“Claim for age discrimination presented five weeks out of time. Claimant not giving evidence as to reason for delay but relying on medical reports and other documentary material. Held that Judge entitled to find that it was just and equitable to extend time notwithstanding certain deficiencies in the material before him. Observations on the nature of the evidence which should be put before Tribunals hearing preliminary or interlocutory matters, particularly applications for extensions.”