Miss G Pavan v Nicola Greer — 2018

This judgment is procedural rather than a final liability decision. Employment Judge Russell recorded that the original judgment of 14 March 2018, sent to the parties on 23 March, should be set aside because the respondent had written within 14 days seeking reconsideration and there were good grounds to think the ET papers may not have reached her. The judge noted the possibility that the business address given by the claimant from the outset, at Dalling Road, was incorrect because the respondent may have sold the business in November 2017 and moved without a forwarding arrangement.

The judge accepted that, if the respondent had not received the ET1 or later communications, there was reason to believe she did not know of the original hearing of 14 March 2018 and therefore failed to attend and defend the claim. In those circumstances, the judge said it was in the interests of justice to allow the respondent a chance to defend the claim.

The order directed that the case be relisted for a one-day hearing to re-determine liability and, if appropriate, remedy. The respondent was ordered to file an ET3 by 4 December 2018 and to disclose documents relied upon, including evidence about the sale of the business and move from Dalling Road; the claimant was also to exchange documents and a schedule of loss, and both parties were to exchange written statements by 19 December. The judgment also records that costs would be determined at the relisted hearing, with the respondent at risk of a costs order if she could not satisfy the tribunal that she had reasonable grounds for her failure to defend the claim and attend the original hearing.