Mr C McKechnie v GS Plumbing Heating and Gas Limited — 2021

On 1 February 2021 the tribunal issued a rule 21 judgment because no ET3 response had been presented. It found that GS Plumbing Heating and Gas Limited had made an unauthorised deduction from Mr C McKechnie's wages and ordered payment of £486 for unpaid wages for the weeks commencing 31 August 2020 and 7 September 2020. It also found that the respondent had failed to pay holiday entitlement and ordered £892.80 for 18 days of untaken accrued annual leave.

The respondent later sought reconsideration and an extension of time to lodge a response, saying it had been told by the Tribunal office not to do anything before the scheduled hearing. The tribunal refused the rule 20 application, noting the respondent had received the claim papers and ET3 directions by 14 December 2020, had not filed a response by 11 January 2021, and had not given a clear explanation for the delay. Applying Kwik Save Stores Ltd v Swain 1997 ICR 49 and the overriding objective, it held that the late ET3 did not show a defence with reasonable prospects of success and that delay would prejudice the claimant.

The tribunal also refused reconsideration. It noted that the late ET3 appeared to seek to bring a claim against the claimant for training costs, but the ET1 did not include a breach of contract claim and the tribunal had no jurisdiction to hear an employer contract claim. The Judgment of 26 January 2021, sent on 1 February 2021, was therefore confirmed.