Ms C Forster v L Mark T/a the Highway Day Nursery: 1600573/2020
JUDGMENT
[1]Upon the Respondent’s application for relief from sanction being granted, the Unless Order of EJ Brace dated 22nd February 2021 and the Notice dismissing the response dated 13th July 2021 is set aside.[2]The Respondent’s representative’s conduct of the litigation leading up to the date of the final hearing in February 2021 and in failing to comply with the direction of REJ Davies dated 11th January 2021 was unreasonable pursuant to rule 76(1)(a) of the Employment Tribunal’s Rules of Procedure.[3]There shall be no strike out of the response under Rule 76.[4]Costs fall to be payable on the basis that the hearing did not go ahead on 22nd February owing to the respondent’s representative’s non-compliance with the Unless Order which necessitated a postponement of the final hearing and the listing of a day’s preliminary hearing for the Tribunal to determine whether there had been any material non-compliance.[5]The Respondent (or in this case its representatives) shall pay to the Claimant the sum of £3, 720 within 28 days.