Claimant v TradeSun Limited

Outcome

Facts

The claimant brought an unfair dismissal claim filed on 2 September 2024 following dismissal by reason of redundancy on 22 July 2024. The claim was served on the respondent's accountants at the registered address. The respondent failed to file a response within 28 days. A remedy hearing was listed. The respondent only received the papers in March 2025 and applied for an extension of time to file a response on 24 June 2025, significantly out of time. The respondent's director based in California also applied to postpone the remedy hearing at very short notice due to the early morning time difference.

Decision

The tribunal refused the postponement application, finding the parties had sufficient notice and further delay was not in the interests of justice. However, the tribunal granted the extension of time to file a response despite the serious delay of approximately 6 months. The judge concluded that while the explanation for delay carried little weight, the response had some merit (particularly regarding efforts to reassign the claimant) and most importantly the balance of prejudice favoured the respondent who would be liable for potentially significant sums without being able to defend the claim.

Practical note

Legal authorities cited