Mrs N Lax v Proactiv Cards Ltd: 1801981/2019
JUDGMENT
I am not prepared to reconsider the rejection of the response and to extend time to permit a late response.REASONS
The issues
[1]The claim form in this case was presented on 2 May 2019.[2]It was served on the Respondent on 14 May 2019 and a response required by 11 June 2019. A response was not received until 12 June.[4]On 19 June 2019, the Respondent was notified that the response had been rejected.[5]By email of 12 July 2019 the Respondent wrote to the Tribunal complaining that it had not been informed of the right to make an application to have that rejection reconsidered.[6]I am treating that letter as an application for reconsideration and/or as an application for an extension of time.[7]The ground of the application is that the Respondent was not informed of its right to apply for a reconsideration. I do not accept that. The letter of rejection, setting out what the Respondent was required to do in order for time to be extended to permit a late response was accompanied by notes which provide a full explanation of the process. Case No: 1801981/2019 2[8]In any case, the application contains no proper explanation for the original failure to present a response to the claim within time, which the notes make plain is a requirement for the rejection to be reconsidered. Employment Judge Rostant Date: 19 July 2019 Case Number: 1801981/2019 1 of 5 EMPLOYMENT TRIBUNALS Claimant: Mrs N Lax Respondent: Proactiv Card Ltd RECORD OF A PRELIMINARY HEARING Heard at: in private; On: 25 September 2019 Before: Employment Judge Rostant (sitting alone) Appearances For the claimant: Mrs K Swift (sister-in-law) For the respondent: No appearance or attendance[1]Statement of remedy / schedule of loss1.1 The claimant must provide to the respondent by 14 October a document – a “Schedule of Loss” – setting out what remedy is being sought and how much in compensation and/or damages the tribunal will be asked to award the claimant at the final hearing in relation to each of the claimant’s complaints and how the amounts have been calculated.1.2 If any part of the claimant’s claim relates to dismissal or resignation caused by discrimination and includes a claim for earnings lost because of dismissal, the Schedule of Loss must include the following information: whether the claimant has obtained alternative employment and if so when and what; how much money the claimant has earned since dismissal and how it was earned; full details of social security benefits received as a result of dismissal.[2]Final hearing file 2.1 By 14 October, the claimant must decide which documents are going to be used at the final hearing. The claimant must paginate and index the documents, put them into one or more files (“file”), and provide the respondent with a copy of the by the same date. The file should only include documents relevant to any disputed issue in the case and should only include the following documents:• the Claim Form, the Response Form, any amendments to the grounds of complaint or response, any additional / further information and/or further particulars of the claim or of the response, this written record of a preliminary hearing and any other case management orders that are relevant. These must be put right at the start of the file, in chronological order, with all the other documents after them;• documents that will be referred to at the final hearing and/or that the Tribunal will be asked to take into account.• The file should include the schedule of loss. In preparing the file, the following rules must be observed:• unless there is good reason to do so (e.g. there are different versions of one document in existence and the difference is relevant to the case or authenticity is disputed) only one copy of each document (including documents in email streams) is to be included in the file• the documents in the file must follow a logical sequence which should normally be simple chronological order. Case Number: 1801981/2019 4 of 5[3]Witness statements 3.1 The claimant shall prepare a full written statement containing all of the evidence she intends to give at the final hearing. If she intends to rely on evidence from others then they too must prepare statements even if they do not intend to attend the hearing. The claimant must provide the respondent with a copies of all statements on or before 28 October. The written statements must: have numbered paragraphs; be cross-referenced to the file; contain only evidence relevant to issues in the case. The claimant’s witness statement must include a statement of the amount of compensation or damages they are claiming, together with an explanation of how it has been calculated.[4]Final hearing preparation 4.1 By not later than 9:30 on the day of the hearing, the claimant must lodge the following with the Tribunal:4.1.1 Four copies of the file;4.1.2 Four copies of the witness statements. (plus a further copy of each witness statement to be made available for inspection, if appropriate, in accordance with rule 44), by whichever party is relying on the witness statement in question;[5]Other matters5.1 The above orders were made and explained to the parties at the preliminary hearing. All orders must be complied with even if this written record of the hearing is received after the date for compliance has passed.5.2 Anyone affected by any of these orders may apply for it to be varied, suspended or set aside. Any further applications should be made on receipt of these orders or as soon as possible.5.3 The parties may by agreement vary the dates specified in any order by up to 14 days without the tribunal’s permission except that no variation may be agreed where that might affect the hearing date. The tribunal must be told about any agreed variation before it comes into effect.5.4