Ms J Carr v Stoelzle Flaconnage Ltd TELEPHONE PUBLIC PRELIMINARY HEARING — 2021

This was a preliminary telephone hearing, not a merits judgment. The claimant had presented a claim of unfair dismissal on 10 September 2020, and the respondent accepted that its response had been filed out of time. Employment Judge Shepherd extended time for the response on a just and equitable basis, referring to the factors in Kwik Save Stores Limited v Swain [1997] ICR 49.

The judge accepted the explanation advanced in Lisa Burrows' witness statement, which referred to tragic circumstances involving a suicide on the respondent's premises and the consequences that followed, as an adequate explanation for the delay. The judge also noted that there was an arguable defence and that the balance of hardship favoured the respondent. No finding was made on whether the dismissal was fair, whether the respondent had a fair reason, or whether any Polkey or contributory fault reduction would apply.

The case management summary recorded that the claimant had been employed from 18 August 2014 until 18 August 2020, and that the respondent contended the dismissal was for conduct under section 98 of the Employment Rights Act 1996. The tribunal listed the substantive unfair dismissal hearing for two days on 10 and 11 May 2021 by CVP, before an Employment Judge sitting without members, and made directions for disclosure, bundles, witness statements and filing of documents.