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EAT clarifies approach to late ET3s: assess pre-application delay and prejudice; limits on respondent participation; extension applications heard by an Employment Judge alone (Thorney Golf Centre v Reed)

Published on: 26 June 2024

Published by a LexisNexis Employment expert
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Thorney Golf Centre Ltd v (1) Reed, (2) Reed [2024] EAT 96 What are the practical implications of this judgment?

This case involved a very substantial delay—over two years—between the respondent requesting an extension of time to file its response and the employment tribunal’s hearing to decide that request. In his judgment, His Honour Judge Auerbach stated that the tribunal should have concentrated chiefly on the period up to the submission of the response and the extension application, and on any prejudice arising from that specific delay, rather than treating the respondent as accountable for the entire lapse until the tribunal hearing took place...

Practitioners should note this clarification of the Kwik Save test when advancing or opposing applications for additional time. The judgment also addresses the degree to which the respondent could take part in the hearing of the substantive claim once its application for extra time to serve the response had been refused...

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