Mrs K J Steele v Governing Body of St Michael’s CE First School: 2404937/2017
JUDGMENT
ON APPLICATION TO RECONSIDER RULE 21 JUDGMENT The judgment of the Tribunal is that the Respondent’s application for reconsideration of the judgment sent to the parties on 27 October 2017 is allowed, and the decision is revoked.REASONS
[1]The Respondent applied for a reconsideration of the judgment entered under rule 21 dated 25 October 2017 and sent to the parties on 27 October 2017. A judgment was issued on the basis that no response had been received within the time limit for presenting a response.[2]The application was made on 8 November, on the basis that the Respondent had never received the claim, and was unaware of the claim until it received the judgment. At the same time the Respondent applied for an extension of time to 13 November 2018 to serve the response. The response was filed on 13 November, and sets out the arguments why the Respondent contends the dismissal was fair.[3]The grounds for reconsideration are set out in rule 70: that it is in the interests of justice to reconsider the judgment.[4]The Claimant, having seen the evidence the Respondent had produced to support the application, does not contest the Respondent’s application. In those circumstances I consider it was just to allow reconsideration of the original judgment and to revoke it on the basis that the Respondent was unaware of the claim until it received that judgment. At the same time I granted the Respondent an extension of time to 13 November to serve its response, so that the response was served within time. Case Number: 2404937/2017