The EAT in COMPASS GROUP UK AND IRELAND LTD T/A SCOLAREST EDUCATIONAL FOODSERVICE v MR I WILSON has held that an Employer who failed to send in its ET3 response form within the 28 day time limit (and was therefore debarred from defending the claim), but later requested a review of the Tribunal’s decision to debar it from defending the claim, should have been allowed to defend the claim because there was no real prejudice to the Claimant as a result of the delay and the Respondent had an arguable defence.

Notwithstanding this case, it is still recommended that employers comply with the 28 day deadline for presenting a response.