Mr D Fernley v Integra People Limited and 1 other — 2020

This was a preliminary hearing on 13 March 2020 before Employment Judge Sharkett sitting alone. The issue was whether the first respondent’s ET3, which had first been submitted on 8 October 2018 on the wrong form and out of time, should be accepted. The tribunal had already rejected that response on 2 November 2018, and the first respondent then asked for reconsideration and an extension of time by letter dated 6 November 2018.

The judge applied rule 15, rule 17, rule 19 and rule 20 of the Employment Tribunal (Constitution and Rules of Procedure) Regulations 2013, referred to Campbell v Jamie Stevens (Kensington) Ltd EAT 0097/19 on service under rule 15, and applied the guidance in Kwik Save Stores v Swain & others when considering the discretion to extend time. The first respondent said the ET1 sent to the Parc Menai address had not been received, although ACAS later sent a copy to Ms Harding in October 2018. The judge accepted that the first respondent should have handled the matter more responsibly and taken advice earlier, but noted that the defect in the original response had been rectified by 6 November 2018.

Balancing prejudice, the tribunal found that refusing the extension would risk the first respondent being held liable for sums that might properly belong to another respondent, while allowing the extension would only delay any award payable to the claimant. The application to extend time therefore succeeded, the ET3 was accepted, and the case was listed for a further preliminary hearing on employment status on 7 September 2020.