Cases6011598/2025

Claimant v Elite Wine Refrigeration Ltd

10 June 2025Before Employment Judge M AspinallWales (Wrexham County and Family Court)remote video

Outcome

Default judgment

Individual claims

Constructive Dismissalsucceeded

The respondent failed to respond to the claim in time and was refused an extension. Pursuant to Rule 22, the tribunal entered judgment for the claimant on liability for constructive unfair dismissal. The claimant alleged that the respondent's conduct cumulatively breached the implied term of mutual trust and confidence, entitling her to resign and treat herself as dismissed under section 95(1)(c) ERA 1996.

Direct Discrimination(disability)succeeded

The respondent failed to respond to the claim in time and was refused an extension. Pursuant to Rule 22, the tribunal entered judgment for the claimant on liability for direct disability discrimination. The claimant alleged direct discrimination under section 13 Equality Act 2010 related to fabricated performance issues, inconsistent treatment compared to non-disabled colleagues, and escalation of hostility following a colleague's promotion.

Discrimination Arising from Disability (s.15)(disability)succeeded

The respondent failed to respond to the claim in time and was refused an extension. Pursuant to Rule 22, the tribunal entered judgment for the claimant on liability for discrimination arising from disability under section 15 Equality Act 2010. The claimant alleged she was demoted in early 2025 related to her disability and experienced escalating hostility from April 2024 onwards.

Failure to Make Reasonable Adjustments(disability)succeeded

The respondent failed to respond to the claim in time and was refused an extension. Pursuant to Rule 22, the tribunal entered judgment for the claimant on liability for failure to make reasonable adjustments under sections 20 and 21 Equality Act 2010. The claimant alleged the respondent failed to accommodate her chronic health condition.

Facts

The claimant worked for the respondent as Operations Manager from October 2021 to March 2025, earning £40,000 per annum. She has a chronic health condition she asserts is a disability. Issues began in late 2023 and deteriorated from April 2024. She resigned on 27 February 2025, with her employment ending on 31 March 2025. The claimant submitted her ET1 on 4 April 2025 after ACAS early conciliation. The respondent failed to submit an ET3 response by the 14 May 2025 deadline, submitting it nine days late on 23 May 2025.

Decision

The tribunal refused the respondent's application for an extension of time to present its response due to multiple unexplained delays, including a nine-day delay before notifying the tribunal of a missing ET1, reliance on an HR advisor's misunderstanding of basic tribunal procedures, and failure to act with urgency even after receiving the claim form. Pursuant to Rule 22, judgment was entered for the claimant on liability for constructive unfair dismissal and disability discrimination, with remedy to be determined at a separate hearing.

Practical note

Even where a defence has potential merit, tribunals will refuse extensions of time where respondents fail to provide satisfactory explanations for multiple procedural delays, particularly when the delays result from failure to act with expected diligence despite multiple opportunities to rectify the situation.

Legal authorities cited

Kwik Save Stores Limited v Swain and others [1997] ICR 49Thorney Golf Centre Ltd v Reed [2024] EAT 96

Statutes

Employment Tribunals Rules of Procedure 2024 Rule 21ERA 1996 s.95(1)(c)Employment Tribunals Rules of Procedure 2024 Rule 2Employment Tribunals Rules of Procedure 2024 Rule 22Equality Act 2010 s.6Equality Act 2010 s.13Equality Act 2010 s.15Equality Act 2010 s.20Equality Act 2010 s.21

Case details

Case number
6011598/2025
Decision date
10 June 2025
Hearing type
preliminary
Hearing days
1
Classification
contested

Respondent

Sector
manufacturing
Represented
Yes
Rep type
barrister

Employment details

Role
Operations Manager
Salary band
£40,000–£50,000
Service
3 years

Claimant representation

Represented
No