Mr S Purkiss v Entomics Biosystems Ltd (T/A Better Origin) and 2 others — 2023

At a hearing on 25 August 2023, Employment Judge Graham considered the Claimant's application under Regulation 10A(2) for the Legal Officer's decision of 31 March 2023 to grant the Respondents an extension of time to be considered afresh. The tribunal found that the Claimant had not been copied into the Respondents' extension application and was therefore denied the opportunity to object at the material time. It held that this arose through a combination of errors by the Respondents and the Tribunal, and that it was appropriate to entertain the application afresh under Regulation 10A(2) and Rule 5.

Applying the principles in Kwik Save Stores Ltd v Swain, the tribunal held that the Respondents had a valid reason for the extension because they had not received the ET1, the delay was short, refusing the application would prejudice the Respondents, and there was little prejudice to the Claimant beyond delay. The tribunal rejected the Claimant's objections about the adequacy of the original application, the Respondents' knowledge of the claim through ACAS, and the way the ET3 had been produced. It also noted that Serco Ltd v Wells was of limited assistance on these facts. Having considered the matter afresh, the tribunal reached the same decision as the Legal Officer and granted the Respondents' extension of time to 28 April 2023.

The judgment also recorded that the Claimant's complaint of notice pay/wrongful dismissal was dismissed upon withdrawal. The remaining complaints, including the detriment and automatic unfair dismissal complaints referred to in the background, were not finally determined in this judgment and were said to proceed to a hearing.