Ms L Blenkinsop v Yellow Rose Lodge Ltd PUBLIC PRELIMINARY HEARING — 2020

At the public preliminary hearing on 13 March 2020, Employment Judge Shepherd granted the respondent's application for an extension of time to present its response. The tribunal accepted the response without the need for further service. The claim had been presented on 13 September 2019, notices were sent to the respondent's registered office, and when no response was received the tribunal wrote on 25 November 2019 indicating that judgment might be issued under rule 21.

The tribunal heard evidence from Tony Proudfoot, the respondent's managing director. He said that he first became aware of the claim on 26 November 2019 after checking the post at Holyrood House, and that a former manager may have received the earlier correspondence but not passed it on. The judge found that there was an arguable response and that, weighing the prejudice, it was in the interests of justice to allow the extension. The judge also noted issues in respect of disability, particularly knowledge, substantial effects and justification, but said it was not appropriate to speculate on the quality or availability of the evidence at that stage.