Ms J Grizzle v A J Architectural Pressings Ltd — 2023

This was the third preliminary hearing in Ms J Grizzle's case against A J Architectural Pressings Ltd. The tribunal was deciding the respondent's application under Rule 20 for an extension of time to present a response. It found that the original ET1 had been sent to the wrong address, that the respondent did not know of the proceedings until 25 July 2023, and that the respondent then informed the tribunal and sought to engage with the case.

The judge applied the Rule 2 overriding objective and the guidance in Kwik Save Stores Ltd v Swain, considering the respondent's explanation for delay, the balance of prejudice, and the merits of the defence. The tribunal accepted that the later delays were caused by the respondent's advisers, criticised the delay in producing the draft ET3 and particulars, and noted that the response documents ordered by the tribunal had been filed late.

On balance, the tribunal held that it was fair and just to grant the extension. It recorded that the claimant would still have her claim heard at the listed final hearing, whereas refusal would prevent the respondent from defending allegations described in the judgment as including discrimination, victimisation and harassment. The updated ET3 was accepted, and the final hearing remained listed for 30 September to 3 October 2024.