Cases3306639/2024

Claimant v Sweet Indulgent Trio Limited

20 June 2025Before Employment Judge Youngon papers

Outcome

Claimant succeeds

Facts

This is a reconsideration judgment following an earlier default judgment dated 23 July 2025 in favour of the claimant. The respondents applied for reconsideration on 31 August 2025, more than 14 days out of time. The respondents claimed they received notice of claim at their registered office but it was not brought to their attention until 4 March 2025, and stated a clerk had told them to wait for a hearing date. The tribunal had sent the claim form to addresses associated with the respondents' place of work and registered office.

Decision

The tribunal refused the reconsideration application on the basis it had no jurisdiction to reconsider as the application was submitted more than 14 days outside the time limit, with no application to extend time and no adequate explanation for the delay. Even if time had been extended, the application had no reasonable prospects of success as the respondents failed to explain why no response form was ever provided.

Practical note

Reconsideration applications must be made within 14 days and late applications will be refused without an application to extend time and good reasons for the delay, reinforcing the principle of finality in litigation.

Legal authorities cited

Liddington v 2Gether NHS Foundation Trust EAT/0002/16

Statutes

Rule 68 ETPRRule 3 ETPRRule 69 ETPRRule 70(1) ETPRRule 5 ETPR

Case details

Case number
3306639/2024
Decision date
20 June 2025
Hearing type
reconsideration
Hearing days
Classification
procedural

Respondent

Sector
hospitality
Represented
No

Claimant representation

Represented
No