Ms Y Luwoye v DMT Solutions UK Limited t/as Bluecrest — 2023

The claimant's form, received on 27 June 2022, brought claims of unfair dismissal, age and race discrimination, detriment for making a protected disclosure, and automatic unfair dismissal under section 103A of the Employment Rights Act 1996. The respondent's response was due by 22 August 2022, but its Rule 20 application for an extension of time was not made until 15 September 2022, a little over three weeks late.

The respondent explained that the claim form had been delivered to premises shared with other businesses and left with other mail, that its office was unmanned, and that the employee who opened post only found the claim form when attending the office on 13 September 2022. It was then passed immediately to HR and external advisers. The Tribunal applied the overriding objective and the guidance in Kwik Save Stores Ltd v Swain and ors, including the explanation for the delay, prejudice, and the merits of the defence. The claimant's submission that the stricter rules for lateness in issuing claims should apply was rejected.

The Judge found that the respondent had given a valid explanation for the delay, that the delay was not long, and that no case management hearing had yet taken place. The Tribunal concluded that greater prejudice would be caused to the respondent if it were not allowed to defend the proceedings than would be caused to the claimant if the extension were granted. The decision of the Legal Officer was therefore upheld and the case management hearing listed for 23 March 2023 was to continue. This judgment did not decide the underlying claims.