Mrs ML MacInnes v Represented by: Mr L Kennedy - Advocate British Red Cross — 2018

This was a preliminary hearing in Glasgow on 11 December 2018 before Employment Judge Robert Gall. The claimant did not attend, and neither did Mr Watson, the solicitor who had handled presentation of the claim. The tribunal recorded that the first claim form had been presented in time but rejected because the ACAS Early Conciliation Certificate details had not been completed correctly; the claim was then re-presented a few days later, by which time it was accepted that it was out of time.

The tribunal concluded that it could not properly determine whether time should be extended without evidence from Mr Watson about the circumstances of presentation of the second claim. After discussion, and noting the respondents’ objection, the tribunal postponed the preliminary hearing. The purpose of the adjourned hearing, fixed for 7 January 2019, was to hear evidence and submissions on whether it was not reasonably practicable for the claim to be presented in time and whether the claim had then been presented within a reasonable time.

Because the need for evidence had only become clear at the hearing and the respondents had incurred cost and inconvenience in attending, the tribunal made an expenses order against the claimant under Rule 76(1)(c) of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013. The sum ordered was £600. The judgment records that Mr Kennedy confirmed the claimant would not personally be asked to meet that sum, as it would be paid by Mr Watson or his firm.