Claimant v The Traffic Management Company
Outcome
Individual claims
The parties reached a settlement agreement during the preliminary hearing whereby R2 agreed to pay the claimant £219.70 in addition to £181.30 already paid. Judgment was made by consent in the claimant's favour in full and final settlement of all claims.
Facts
The claimant brought claims against two respondents. At the preliminary hearing, it was accepted that the correct respondent was R2 (TCMC Crowded Space Ltd) and R1 was dismissed. R2 had attempted to file its ET3 response before the deadline but encountered technical difficulties. The judge validated R2's attempted ET3 filing, finding it was a genuine attempt made in time and raised issues worthy of trial. The parties then held private settlement discussions.
Decision
The tribunal dismissed R1 from the proceedings and granted leave to R2 to file its ET3 response. Following settlement discussions, judgment was made by consent in the claimant's favour for a total of £401.00 (comprising £181.30 already paid and £219.70 to be paid by 2 June 2025) in full and final settlement of all claims, with R2 not admitting liability.
Practical note
Even where a respondent fails to comply with the correct Presidential Practice Direction for filing an ET3, a judge may exercise discretion to validate the response if satisfied there was a genuine attempt to file in time and the response raises arguable defences.
Award breakdown
Case details
- Case number
- 6020351/2024
- Decision date
- 30 May 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- professional services
- Represented
- No
Claimant representation
- Represented
- No