Mr T Shead v Abellio London Limited — 2022

The claimant's claim form was sent by post to the respondent's registered office on 16 June 2021, with a response due by 14 July 2021. No response was filed and a Rule 21 judgment was issued dated 17 December 2021. The respondent applied for reconsideration, saying it had not received the claim form and first knew of the claim when it received the judgment on 4 January 2022.

The claimant's representative challenged parts of the respondent's account, including the assertion that there had been no ACAS contact. Evidence showed ACAS had contacted the respondent, and the respondent later accepted there had been email exchanges with its employee relations manager, while maintaining that it had not received the claim form.

The Tribunal found it was in the interests of justice to revoke the judgment and allow the respondent an opportunity to defend the claim. It accepted that the respondent had failed to investigate thoroughly its contact with ACAS and that its post-monitoring arrangements were insufficient, but concluded that the balance of prejudice favoured permitting the respondent to present a defence.