Claimant v South Elmsall Community Facilities Ltd

Outcome

Facts

The claimant brought claims for unfair and wrongful dismissal which succeeded on 26 February 2024 when the respondent failed to attend the hearing. The respondent had not filed a response because correspondence was sent to their registered office at 122 Westfield Lane, which they had vacated in 2019 but failed to update at Companies House until March 2024. The respondent applied for reconsideration after being contacted by Peninsula Business Services in March 2024, claiming they had no notice of the proceedings.

Decision

The tribunal refused the application for reconsideration, finding the respondent's failure to receive correspondence was due entirely to its own culpable default in not updating its registered office at Companies House for five years. The claimant's representatives had acted properly throughout by serving documents at the registered office and attempting to obtain alternative contact details. In balancing the interests of justice, the tribunal found the public interest in finality of litigation and the prejudice to the claimant outweighed any injustice to the respondent.

Practical note

Award breakdown

Legal authorities cited