Unrepresented (but assisted by Mrs Argent) For the v Ms Amir, litigation consultant, Penninsular — 2021

This hearing on 25 June 2021 at Watford by CVP was listed to consider remedy, but the tribunal instead dealt with the respondent's late response and application under Rule 20 to extend time and set aside the Rule 21 default judgment. Employment Judge Allen held that the Rule 70 reconsideration route was not the correct approach and would in any event have been out of time under Rule 71. The tribunal found that the respondent had been written to at the correct postal address and that the relevant correspondence had been sent on 17 September 2020, 3 January 2021, 5 March 2021 and 18 April 2021. The email exchange of 15 November 2020, in which Mr Bennett asked what was happening with the tribunal and Mr Argent replied that the claim had been accepted, was treated as evidence that the respondent knew of the claim.

In deciding whether to grant an extension, the tribunal referred to Kwik Save Stores Ltd v Swain & others, Office Equipment Systems Ltd v Hughes and Costellow v Somerset County Council. It found no deliberate and intentional default in failing to lodge the response and accepted that the draft response approved by Ms Thornton had been returned to solicitors, who were responsible for the later delay. The tribunal also accepted that the defence disclosed merit and that the respondent should not be disadvantaged by the delay. The application succeeded, the default judgment was set aside, and the case was to be relisted for a full merits hearing. No substantive liability findings or monetary award were made in this judgment.