Mr A Galpin and Miss J Murray v Pizza Kent Ltd (T/a Firezza Pizza): 2304856/2020 and 2304857/2020
JUDGMENT
The respondent’s application dated 11 June 2021 for a reconsideration of the Judgment sent to the parties on 22 May 2021 is refused.REASONS
[1]There is no reasonable prospect of the original decision being varied or revoked.[2]The claim form was originally sent to the respondent at its then registered office, (AMP House, Dingwall Rd, Croydon etc) on 28 October 2020. No response was filed by the due date of 25 November 2020. I considered the file at that stage and directed that the claim form should be reserved on the respondent as its registered office had changed with effect from 5 November 2020 and I was not satisfied that the claim had properly come to its attention.[3]The claim was then reserved by post to the new registered office address (Prize Walk, Stratford etc) on 14 January 2021 and the record amended to reflect that this was the proper address of the Respondent for correspondence. Again, no response was filed by the new due date of 11 February 2021. I considered the file in April and a Judgment pursuant to rule 21 was prepared and sent to the parties on 22 May 2021.[4]On 11 June 2021 the respondent applied for the Judgment to be reconsidered on the basis that the respondent had been unaware of the claim and referred in particular to the unfortunate illness and hospitalisation of its Operations Case Number: 2304856/2020 & 2304857/2020 Manager who had been in hospital from 18 November – 2 December 2020 and left employment at the end of December. He also stated that the Director had been aware of the possibility of a claim as he had spoken to ACAS but no-one else in the respondent business had been aware of the claim. The claimants oppose the application.[5]I am sympathetic to the circumstances of the Director, but the claim was reserved on the correct registered office for the respondent in 2021, after he had left their employment. There is no explanation given as to why the respondent did not properly respond at that stage.[6]The matter remains listed for a remedy hearing on 8 October 2021 at which the respondent shall be permitted to participate at the discretion of the Judge. ............................................................