Mrs I Rizq v Greenmantle Care Home Limited — 2019

At the hearing on 11 February 2019, Employment Judge Brook, sitting alone, dealt with the respondent's application to abridge and extend time for service of its Grounds of Resistance. The respondent's delay was explained by difficulties with legal expenses insurers after a change of insurers, and Mrs Rokeya Hussain accepted that she knew there were time limits and that she could have privately instructed solicitors earlier. The claimant argued that the delay had caused unnecessary cost, and the judge recorded that the draft Grounds of Resistance raised triable issues on all aspects of the claim.

The tribunal found that the respondent had not shown a reasonable excuse for missing the deadline, including because an earlier tribunal enquiry asking whether an extension was sought had not been answered. However, applying the interests of justice and referring to Kwik Save Stores Limited v Swain [1997] ICR 49, the judge granted the extension because there was little or no prejudice to the claimant apart from wasted costs and the respondent should be allowed to defend the case on the merits. The respondent was ordered to pay the claimant £1,500 plus VAT for the costs of the hearing within 28 days, and the matter was relisted for an open preliminary hearing on 13 May 2019. No substantive decision was made on the underlying discrimination, unfair dismissal or wages claims.