The claimant was dismissed after his probation and submitted claims of direct race discrimination and race-related harassment in December 2022. The respondent only submitted its response in December 2023, ten months late and requested an extension. The ET found that the respondent had received and ignored correspondence and a manager had deliberately deleted emails copied to her. The tribunal rejected claims that the emails had gone to spam and so refused the application.

HHJ Tayler dismissed the respondent's appeal. The ET had correctly assessed the three relevant discretionary factors set out in Kwik Save and was entitled to find the defence not sufficiently strong to overcome the serious default by the respondent.