Miss Natalie Cruz v Paragon Network Services Limited (Previously Core Network Services limited) — 2023

At a preliminary hearing in London Central on 22 August 2023 before Employment Judge G Smart, the tribunal dealt with the respondent's late application for an extension of time to present its ET3. The claimant, Miss Natalie Cruz, had brought claims of unfair dismissal, notice pay/breach of contract or wrongful dismissal, and unlawful deduction of wages. The respondent said the ET1 had been served late because the address in the claim form was incomplete and inaccurate, referring to Guildford rather than Gomshall and omitting Kings Court.

Applying the overriding objective, rules 5, 6, 20, 21 and 29 of the Employment Tribunal Rules, and the authorities in Kwik Save Stores limited v Swain and Blockbuster Entertainment Limited v James, the judge found that the respondent had shown a good reason for the delay and that the claimant's address errors had caused the service problem. The claimant's objections, including the absence of a draft ET3, alleged delay tactics, and prejudice from the delay, were rejected. The tribunal held that the respondent had arguable defences, that a fair hearing could still take place, granted a further seven days to file the ET3 until 29 August 2023, and vacated day two of the listed merits hearing. The underlying claims were not decided at this hearing.