Miss C Draper v Asda Bedford Distribution Centre: 3311696/2021
JUDGMENT
No response having been received to the Claimant’s claim The Claimant has been the victim of unlawful discrimination on the grounds of sex, disability and sexual orientation as alleged in the claim form as submitted to the tribunal on 17/6/2021. A hearing to determine the remedy to which the claimant is entitled will be listed for 1 day and notice of hearing letters will be sent in due course In order to assist the parties to prepare for that hearing I make the following Case Management Orders:[1]The Claimant will file and serve a schedule setting out the financial losses which she claims in this case together with a copy of all supporting documents by 17 November 2021.[2]By 1 December 2021 the Claimant will file and serve a statement setting out the facts she wishes to tell the tribunal about, together with details of the acts of discrimination which are in the claim form on which she relies in support of her claim for injury to feelings, and copies of statements of any other witnesses upon whose evidence she will rely in relation to the remedy she seeks. 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.[3]The Claimant will file and serve copies of any medical evidence on which she relies in relation to her claim for injury to feelings by 15 December 2021 _____________________________ Employment Judge Ord 19/10/2021REASONS
[1]On 19 October 2021, Employment Judge Ord gave Judgment to the Claimant on her claim in default of a Response having been received in time. By email on 19 October 2021, Solicitors instructed by the Respondent confirmed they are instructed and the first the Respondents were aware of proceedings was the Rule 21 Judgment and had not received service of the ET1. Case Number: 3311696/2021 2[2]The Judgment was sent to the parties on 19 October 2021 and the Respondents made an Application for Reconsideration of the Judgment on the same day. the Application was therefore made extremely promptly. The Respondent also applies for an extension of time for filing its Response.[3]Rule 70 – 72 of the Employment Tribunal (Constitution and Rules of Procedure) Regulations 2013 applies. The Judgment may be reconsidered if it is in the interests of justice to do so. In considering whether to reconsider the Judgment, I must apply the overriding objectives set out at Rule 2 and seek to balance the prejudice to the parties.[4]The late Response accompanied by an Application for an extension of time is provided for by Rule 20. The exercise for the judicial discretion in consideration of such an Application also entails applying the overriding objective and balancing the prejudice to the parties.[5]The purpose of a default Judgment under Rule 21 is to provide justice where a Respondent ignores a claim. It is not to punish inefficiency, error or oversight. If the Judgment stands, the Claimant will be entitled to a significant sum of money in compensation for the claim. The merits of which have not been tested. That is a very significant prejudice to the Respondent. The prejudice to the Claimant is that she will not receive compensation without her claims being heard in Tribunal. The balance of prejudice favours granting the Application. It is proportionate and in accordance with the overriding objective to grant both Applications.[6]A separate Case Management Order will accompany this Judgment as a Case Management Hearing followed the Respondent’s Application for a Reconsideration Hearing on the same day.