A default judgement is a decision made on an employment tribunal claim in the absence of a response. Where issued (unless this is amended or withdrawn), an employer will not be able to take any further part in the proceedings dealing with the employment tribunal claim.
A default judgement can be issued by an Employment Judge in cases where a complaint has been filed, and the respondent has not presented a response to the Employment Tribunal Office within the relevant time limit. An application may be made to have these judgements reviewed, although the details to be filed are comprehensive, with a time limit of 14 days from the date the judgement was sent to the parties.
Any application for a review of a default judgement must include the reasons why the judgement should be varied or revoked; and include the respondent’s proposed response to the claim, an application for an extension of the time limit for presenting the response, and an explanation for the delay.
A default judgement does not include a decision on remedies, which will normally be dealt with at a later hearing. Although the respondent will be able to sit in the public area of the hearing, they will not be permitted to take any part in the hearing.
It is therefore important to ensure any claim is responded to within the limits prescribed in law, to avoid losing a case that could be defended successfully.
If your business is in receipt of a default judgement and you require assistance in getting this set aside, contact Employment Law Clinic now for urgent assistance.