Mr K Younus v AND ICTS (UK) Limited — 2020

The claimant presented a claim on 28 April 2020 alleging unlawful deduction from wages. The response was due on 2 June 2020, but the respondent did not file one until 24 June 2020 and therefore sought an extension of time. The tribunal noted that the claim had also been directed to be heard with Mr Hayes' case because of common issues of fact and law.

Employment Judge Bax decided the application on the papers. Applying rule 20 and the approach in Kwik Save Stores Ltd v Swain and others, the tribunal considered the length of delay, the explanation for the delay, the merits of the draft response, and prejudice, together with the overriding objective. The claimant's solicitor did not oppose the application, and no particular prejudice to the claimant was identified.

The tribunal accepted the respondent's explanation that its offices had been closed because of the covid-19 pandemic, post was checked only about once a week, and the claim form took time to reach the appropriate person. The response was 22 days late, but the tribunal noted that directions had not yet been given and the matter had not been listed for hearing. The draft response appeared reasonably arguable.

The tribunal concluded that it was appropriate to grant the extension. The respondent's response was accepted out of time, the application was allowed, and the claim was listed for a final hearing. No substantive finding was made on the underlying unlawful deduction from wages claim in this judgment.