Mrs A Cole v The Christmas Decorators (Franchising) Ltd and 1 other — 2022

This judgment concerns a preparation time order rather than the merits of the Claimant's substantive complaints. The four-day final hearing listed at Exeter Tribunal for 7-10 October 2024 was postponed on the first day on the application of the First Respondent, after Mr Henry of Croner attended without the draft hearing bundle, without a laptop, and reported being unaware that draft witness statements had been prepared for the First Respondent. The Claimant had attended ready to proceed with her witness statements served that morning.

Employment Judge Volkmer found that the First Respondent's conduct fell within Rule 76(1)(c) of the Employment Tribunal Rules of Procedure 2013, because the postponement application was made less than seven days before the hearing, and also within Rule 76(2) by reason of breaches of case management orders: failure to prepare the hearing bundle (for which the First Respondent had primary responsibility), failure to prepare witness statements, and failure to provide a chronology, cast list and list of key documents. The Judge took into account the First Respondent's submissions about IT difficulties but found there had been sufficient time between May and October 2024 to resolve them.

Applying the three-stage approach, the Judge concluded it was appropriate and just to make a preparation time order against the First Respondent. The Claimant had claimed 1,167.5 hours at £44 per hour (£51,392.50). The Judge assessed a reasonable and proportionate figure of approximately 115 hours at the £44 hourly rate, producing an order of £5,060 payable within 14 days. The Claimant's separate request for £736.79 in expenses was refused because only a costs order or a preparation time order, not both, may be made.