Ms Helen Robinson v Represented by: Mr N Robinson - Father The Alchemy Experiment — 2023

Ms Helen Robinson presented claims of unfair dismissal and unlawful discrimination on the grounds of disability. The respondent did not lodge an ET3 within the original time limit, and the preliminary hearing on 31 October 2023 was held only to determine the respondent's application for an extension of time and acceptance of its late ET3 dated 14 July 2023.

The tribunal accepted the respondent's evidence that the notice of claim had not been received and that the respondent became aware of the case only later, after contact with ACAS. It rejected the claimant's criticism of the respondent's mail arrangements and email use, and accepted that the respondent could not be faulted for not responding before it had the claim form. The tribunal also accepted that the respondent acted within a short time once it became aware of the proceedings.

Applying the approach in Kwik Save Stores Ltd v Swain and referring to Grant v Asda and Thornton v Jones, the tribunal held that the respondent had a statable defence and that there were substantial factual disputes which could not be resolved at that stage. It found that the prejudice to the respondent and the interests of justice outweighed the prejudice to the claimant, and granted the extension of time so that the ET3 was accepted as lodged in time.

No findings were made on the merits of the unfair dismissal or disability discrimination claims. The tribunal noted that The Alchemy Experiment was not a legal entity in its own right and appeared to be a trading style, with the correct respondent apparently being Dennis Houlihan trading as The Alchemy Experiment.