Claimant v Asda Stores Limited

Outcome

Facts

Claimant resigned from Asda on 31 October 2023 after employment from January 2015. She filed constructive dismissal, sex/pregnancy discrimination, and unlawful deduction of wages claims. The respondent's ET3 was filed late (after 4 July 2024 deadline). Respondent applied for extension citing non-receipt of the claim form from the Tribunal, but claimant later discovered she had emailed the ET1 to the respondent's other solicitors (Dryden's) in March 2024. Claimant applied to strike out the defence for alleged misrepresentation.

Decision

The tribunal refused the claimant's application to strike out the respondent's defence. The judge found insufficient evidence that the respondent deliberately or recklessly misled the tribunal. Although the claimant had emailed the ET1 to Dryden's in March 2024, the judge found it more likely that this was not forwarded to the respondent's in-house legal team or their employment tribunal solicitors (Addleshaw Goddard) due to administrative oversight involving two different firms. The judge concluded that a fair trial remained possible and that the conduct did not meet the threshold for strike out.

Practical note

Legal authorities cited