Mr S Obano v Social Pantry Limited WRITTEN — 2018

This judgment concerned the Respondent's application for an extension of time to present its response to Mr S Obano's ET1. The Claimant had raised claims of direct race discrimination and/or harassment related to race, constructive dismissal, breach of contract/wrongful dismissal, unauthorised deduction from wages, and holiday pay under the Working Time Regulations 1998. The preliminary hearing on the extension application took place on 2 October 2018 in the Claimant's absence.

The tribunal accepted the evidence of the Respondent's HR Manager, Ms Wait, that although an email copy of the claim had been received on 16 January 2018, the Respondent did not receive formal tribunal notification until 16 April 2018, when the tribunal also sent the claim and a blank ET3. The tribunal accepted that the delay after that date was not ideal but was understandable, including the time taken to obtain legal assistance and investigate the allegations. It also accepted that the Respondent had put forward a credible defence to each claim, including denial of the alleged comments and an alternative, non-discriminatory explanation for the Claimant's resignation.

Applying the guidance in Grant v ASDA and taking account of the overriding objective, the tribunal balanced explanation, merits, and prejudice. It concluded that the Respondent should be allowed an extension of time until 11 May 2018, which meant the ET3 was presented within the extended deadline. The judgment therefore allowed the Respondent to defend the case, and the substantive claims remained to be determined at a final hearing.