Miss M Farrant v Learnmore Network Ltd — 2022

Miss Farrant presented a claim form on 20 May 2022 alleging unfair dismissal, disability discrimination, sex discrimination and wrongful dismissal. The respondent did not present a response in time, and the hearing on 16 September 2022 was listed to determine the respondent's application for an extension of time under rule 20 of the Employment Tribunals Rules of Procedure 2013.

The tribunal heard evidence from Ms Karen Smiter and Ms Becky Newell. It accepted Ms Newell's evidence that she first knew of the tribunal proceedings around 14 July 2022, and accepted that the respondent had not received the tribunal communications sent to its registered office. The tribunal also noted that the response was around a month late, but found that the delay was explained by the respondent's lack of knowledge of the proceedings and that the respondent acted promptly once it became aware of them.

Applying Kwik Save Stores Ltd v Swain and the rule 20 balancing exercise, the tribunal took account of the respondent's explanation, the merits of the defence, and prejudice to each party. It noted that the response disclosed an arguable defence and that some of the underlying claims raised significant questions, including whether the claimant had the necessary two years' service for unfair dismissal and whether the sex discrimination claim was sufficiently particularised. The tribunal held that the prejudice to the claimant from delay was outweighed by the prejudice to the respondent if it were denied the chance to defend the proceedings, and it allowed the extension of time and accepted the response presented on 3 August 2022.