Miss K Baxendale v Pendle Support Limited UPON APPLICATION made by letter dated 27th May 2026 to reconsider the — 2026

Employment Judge Anderson reconsidered the £92 preparation time order made in favour of Miss K Baxendale following the hearing on 22 April 2026. Pendle Support Limited applied for reconsideration on 27 May 2026, and the claimant opposed the application. The judge decided the application without a hearing, taking account of the overriding objective, the sums involved and the final hearing due in July.

The judge rejected the respondent's argument that the tribunal's correspondence had not made clear what was required. The respondent should have attended ready to discuss the case and clarify its defence. Its failure to prepare led to an unnecessary order for further and better particulars. The threshold for making a preparation time order therefore remained met.

The respondent also relied on payslips showing the deductions and correspondence said to contain the claimant's acceptance of some deductions, including £297 for induction training. The judge found that these points could affect the discretion to make an order, including the seriousness of the breach and the scope for narrowing the issues at the earlier hearing. On reconsidering that discretion, the judge identified potential problems with both sides of the case and concluded that the most just outcome was to make no order.

The £92 preparation time order was revoked, with no further order made. The judge retained the criticism of the respondent's approach to the earlier hearing but expressly made no finding that the claimant had misled the tribunal or that admissions had been made. Findings on the underlying dispute were left to the judge at the final hearing.