Mrs Iris King v Singleton Park Care Home Ltd — 2019

This was a preliminary hearing before Employment Judge Lucy Wiseman in Glasgow on 9 April 2019 to decide whether Singleton Park Care Home Ltd's late ET3 response should be accepted. The claimant had presented an unfair dismissal claim on 8 January 2019, and the tribunal's letter of 11 January required the response by 8 February 2019. The respondent said it discussed the claim at the end of January, submitted an ET3 online on 8 February, and sent a hard copy on 9 February, but the tribunal office did not receive either document.

The tribunal applied the considerations relevant to extending time under rule 20 of the Employment Tribunal Rules of Procedure 2013, including the explanation for the delay, the balance of prejudice, and the merits of the defence. Judge Wiseman accepted the respondent's explanation that the ET3 had been submitted online and that the parties had believed it had been lodged, but noted there was no explanation for why it was not received. The judge also observed that the absence of any acknowledgement of the 9 February letter should have prompted the respondent to chase the matter.

On prejudice, the judge accepted that the claimant had been delayed but found she would still have the opportunity to have her case heard, whereas refusal of an extension would prevent the respondent from defending the claim. The tribunal also had regard to the respondent's stated defence that there had been misconduct justifying dismissal. Balancing those matters, the tribunal granted an extension of time and accepted the ET3 response.

The judgment also records case management directions for a three-day hearing, including preparation and exchange of document lists by 24 May 2019 and the possibility of a hearing in Dumfries, subject to court availability.