Mr A Moore v Cosey Homes Ltd Decided on the papers — 2020

This was an on-paper determination of the respondent's application for an extension of time to present its response to Mr A Moore's claim. The tribunal recorded that the claimant presented his claim on 16 September 2019, that the respondent sent a response on 9 October 2019, and that the response was rejected on 23 October 2019 because it had not been made on the prescribed form under rule 17. Notice of rejection was dated 16 November 2019.

The respondent then applied on 18 November 2019 for reconsideration of the rejection. Employment Judge Brown treated that application in substance as one for an extension of time under rule 20, because the time for presenting a response had already passed. The claimant was given opportunities to respond to the application on 8 December 2019 and 19 January 2020, but did not do so.

The tribunal granted the extension. It accepted that the respondent's initial response had been sent in time and copied to the claimant, so the claimant had been aware before expiry of the 28-day limit that the respondent intended to defend the claim. The judge noted that the defect was technical, that the respondent was unrepresented, and that the respondent acted quickly after the rejection was communicated.

In weighing prejudice, the tribunal preferred allowing the matter to be considered on its merits. It also said the response was properly arguable and not one that would fall to be struck out on other grounds, although the judge expressly gave that factor little weight and formed no view on the merits of the defence. The only operative decision was therefore to permit the respondent an extension of time until 18 November 2019 and to treat the response as presented in time.