Miss E Bowman -v- v Shenstone Country Club Ltd (Respondent 1) Harpal Panesar (Respondent 2) — 2023

This was a preliminary hearing on the second respondent's application to extend time to file a response. The original deadline for response was 17 January 2023. The late response was sent on 8 September 2023, with the second respondent saying he had been ill after the previous hearing, had been out of the country, and had not received earlier notification because post had been diverted. The tribunal found that explanation vague and unsupported by documentary evidence.

Applying the extension principles from Kwik Save Stores Ltd v Swain and Moroak (t/a Blake Envelopes) v Cromie, the tribunal considered both the explanation for the delay and the merits of the defence. It noted that there was a factual dispute between the parties about the underlying claims, including allegations of sexual harassment and victimisation, and that WhatsApp exchanges on their face supported the claimant's account that her hours were reduced and that she was dismissed by the second respondent. The respondents said they had investigated the allegations and that the claimant resigned because she was due to start university.

The tribunal also took account of the position of the first respondent, which had been added late and accepted that it was the correct legal entity and that the second respondent's actions were on its behalf. Balancing the respective prejudice, the judge granted the extension. The hearing did not determine the merits of the claimant's substantive discrimination allegations.