ETZ 4(WR) EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 4102809/2016 Preliminary Hearing at Edinburgh on August 2017 Employment Judge: M A Macleod Ella Carrera v Represented by Mr L Moodie Solicitor OMI Facilities Limited — 2017

At the preliminary hearing on 1 August 2017, the tribunal dealt only with whether OMI Facilities Ltd should be allowed to present its ET3 late and whether the claimant should have judgment entered in her favour. The respondent said it had not received the ET1 at its registered address and only learned of the proceedings in late May 2017, after which it instructed Mr Carlin promptly.

The tribunal rejected the explanation for the late response. It found Mr Bains was not a particularly impressive witness, that his evidence about the company's registered address and mail forwarding was self-contradictory, and that he gave an unsatisfactory account of how an English solicitor had alerted him to the claim. The tribunal concluded that the explanation was neither accurate nor reasonable and that it would not be in the interests of justice to allow the ET3 about 10 months late.

The ET3 extension application was refused, the claimant's application for judgment succeeded, and the case was listed for a remedy hearing. The tribunal expressly said it reached no conclusions at this hearing about whether there had been a TUPE transfer or about disability discrimination.