Mr P Leggat v Represented by: Ms R Kochar - Solicitor GXO Logistics UK Limited — 2022

Mr P Leggat presented claims for unfair dismissal and wrongful dismissal against GXO Logistics UK Ltd on 10 November 2021. The respondent did not lodge an ET3 within the 28-day time limit and applied on 4 February 2022 for an extension of time under Rule 20(1). The claimant objected, and the issue came before Employment Judge Rosie Sorrell at a remote preliminary hearing on 24 March 2022.

Applying the approach in Kwik Save Stores Ltd v Swain and ors 1997 ICR 49 and the overriding objective in Rule 2, the tribunal considered the respondent's explanation for the delay, the balance of prejudice, and the merits of the draft defence. The judge noted anomalies in the respondent's account because ACAS correspondence of 23 November 2021 referred to discussions with the respondent before 3 February 2022, and the respondent's HR manager emailed the tribunal on 3 February 2022 looking for a copy of the claim. However, the tribunal accepted that the explanation was not definitively contradicted, and it accepted that the ET3 response was filed the day after that email.

The tribunal held that the balance of prejudice favoured the respondent because refusing the application would prevent it from participating in and defending the claim, while allowing it would still leave the claimant able to present his case at a final hearing. The judge also found that the draft ET3 disclosed a valid defence, relying on gross misconduct and an allegedly fair procedure. The application for an extension of time was therefore allowed. The judgment records that there was no Rule 21 judgment to set aside and that a further telephone case management preliminary hearing would be fixed.