Miss K Brady v Willow Tree Kids Care Ltd UPON APPLICATION by the respondent made by letter dated 12 February 2025 to reconsider the — 2025

On the respondent's application dated 12 February 2025 under rule 69 of the Employment Tribunal Procedure Rules 2024, the Tribunal revoked the judgment dated 22 January 2025, which had been sent to the parties on 29 January 2025. The reason recorded was that it was in the interests of justice, because it was accepted that the respondent had not received a copy of the claim form or any other tribunal correspondence.

The respondent had also applied for an extension of time to submit its response more than 28 days after it was sent a copy of the claim form. That application was accompanied by a holding response, because the respondent had still not seen the claim form. The claimant was notified of her right to object and did not do so.

The Tribunal said it would need to consider the actual defence, not just a holding defence, before deciding whether to extend time. It ordered the respondent and its legal representative to be sent a copy of the claim form, directed the respondent to file any response it intended to rely on by 22 April 2025, and directed the claimant to provide any comments on out-of-time acceptance by 6 May 2025. The Tribunal will then decide whether to extend time and, if the response is accepted out of time, the case will be listed for a hearing.