In Majekodunmi -v- City Facilities Management UK Ltd 2015, the EAT has confirmed that providing a link via Dropbox is not a valid method of serving documents for an appeal.
The EAT’s guidance (leaflet T440) states that in order to file a Notice of Appeal, parties must attach the judgment being appealed, the ET1, and the ET3. The guidance goes on to state, “All documents lodged electronically must be sent to the EAT as attachments to emails. A document is not validly lodged by sending us a link to its location”.
In this case, the Notice of Appeal was filed within the time limit, but the accompanying documents were sent to the EAT via Dropbox. The EAT would have had to click on the link in the email to access the shared folder and download the documents. They were not therefore attached to the email; they had not yet hit the EAT’s servers. The link was merely a direction to a location in the cloud, where the documents could be found.
As such, the Claimant had failed to file an appeal within the time limit. The EAT had alerted the Claimant’s representative to the issue before the time limit expired but she did not go on to re-file the documents, nor provide an explanation for this failure; as such the circumstances did not justify an exceptional exercise of the EAT’s discretion to extend time.