ETZ 4(WR) EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 4112089/2019 Reconsideration Per Written Submissions Employment Judge: M A Macleod Miss Chloe Moffat v Hannah McMahon — 2021

The tribunal first records that its judgment of 24 January 2020 had refused to admit the respondent's ET3 out of time, found no proper basis for the application to extend time, and held that the claimant's claim should succeed with an award of £798.66. The present decision concerns only the respondent's later application for reconsideration of that judgment.

The respondent argued that it had submitted an ET3 and that the tribunal had accepted it, relying in particular on an email of 16 January 2020. Employment Judge Macleod examined the correspondence and held that the email did not grant an extension of time; it only treated the earlier email as an application for an extension of time and required evidence of previous attempts to lodge the ET3. The judge found that no new information had been provided and that the respondent's assertion about an extension of time was inaccurate.

The reconsideration application was therefore refused. The decision states that the original judgment remains in place. The tribunal also noted a potential difficulty with enforcement because the respondent argued that Hannah McMahon was not the claimant's personal employer and that the employing entity was a company, and it refused the respondent's request for expenses or damages against the claimant.