Ms K Anderson v Should write to the Tribunal and to the and 2 others — 2018

This 27 March 2018 reconsideration hearing concerned the Respondent's application under rule 19(1) to revisit the earlier decision rejecting its Response as late. The Claimant's underlying claim form, presented on 28 September 2017, had included unfair dismissal, pregnancy and/or maternity discrimination, sex discrimination, and claims for notice pay, holiday pay, arrears of pay and other breaches of contract. The tribunal found that the original response deadline was 30 October 2017, but that on 3 November 2017 the tribunal administration sent correspondence to a slightly different address stating a new deadline of 1 December 2017, even though no Employment Judge had granted an extension before that letter was sent.

The tribunal found the Respondent had reasonably and blamelessly relied on the 3 November 2017 letter. The Response was lodged on 1 December 2017, so it would have been within time if the tribunal's letter had been correct. In the interests of justice, Employment Judge Whitcombe revoked the decision rejecting the Response, extended time to 1 December 2017 under rule 5 or rule 20 if necessary, and accepted the Response. The judgment also directed a telephone preliminary hearing for case management and asked the Claimant to indicate whether she consented to an amendment of the Respondent's name to Hot Coo Investments Limited. No merits findings or monetary award were made in this judgment.