Mr M Miah v Demi Power Limited UPON APPLICATION made by letter dated 9 March 2021 to reconsider the — 2021

By order dated 10 February 2021, the claimant was required to provide further information by 3 March 2021 under an unless order. He sent an email on 24 February 2021 but said he could not provide the full names of the individuals he had referred to because they were not known to him. The respondent then asked the tribunal to confirm that the claims had been dismissed for non-compliance, and Employment Judge Lewis confirmed that position on 9 March 2021, with a hearing listed for 10 March 2021 postponed.

The claimant applied for reconsideration by emails of 9 and 10 March 2021. He said he had provided as much information as he was able to provide and that, if the wrong case number had been used, that was because the tribunal email of 10 February 2021 had referred to case number 3321773/2019. The tribunal found that he had explained why he could not provide all of the requested information and had done his best to comply with the order.

Applying rule 38(2) of the Employment Tribunal Rules 2013, the tribunal held that it was clearly in the interests of justice to set aside the strike-out judgment. It accepted that greater prejudice would be caused to the claimant if the claim were not allowed to proceed than to the respondent, which still had the opportunity to defend the case. The judgment striking out the claim was therefore set aside and the claimant's complaint was allowed to continue.