Tribunals should focus on delay for late response and for application to extend time (Thorney Golf Centre Ltd v Reed)

Table of contents

• What are the practical implications of this judgment?
• What is the background?
• Relevant law
• Background facts and decision of the employment tribunal
• What did the EAT decide?
• Case details

Article summary

Employment analysis: When deciding whether to extend time for a late response, the starting point, in relation to delay, should be a consideration of the extent of the delay in putting in the response itself and/or (if done later) in applying for an extension. Any further time delay inevitably involved in reaching the point at which a judge determines the application will not be significant to that decision but will not necessarily be irrelevant in every case, according to the EAT.