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  • Default Judgments – Employment Tribunals

Default Judgements

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 Where issued (unless this is amended or withdrawn), an employer will not be able to take any further part in the proceedings dealing with the employment tribunal claim.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.

Further Reading You Should Find Helpful...







  • Value of Awards

    Learn how much a successful claim to an employment tribunal may cost your business, and some tips on how to minimise the risk.

  • Avoiding employment tribunals

    An employment tribunal will cost any business, regardless of your success or otherwise at a hearing. Learn more about the measures you can take to avoid a hearing.

  • Glossary of Common ET Phrases

    From a list of issues, to bundles, to panel members, to ACAS, to a Schedule of Losses, to a counter claim, to authorities, to skeleton arguments, the range of legal phrases & terms can be very confusing without a glossary.

  • ACAS Early Conciliation

    ACAS Early Conciliation is required before a claim, and gives employers an extra chance to settle - with help, this can make a settlement a lot cheaper.

  • Default Judgements

    Default judgements are normally issued when no response to claim has been submitted within the 28 days time-limit. The position can be recovered, so find out more.

  • About employment tribunals

    If you've never been to an employment tribunal, you'll want to find out more about what to expect, both on the day & in preparation for this.

  • Employment Tribunal Offices (external link)

    Any cases will normally be assigned to the Employment Tribunal Office covering the post code of the workplace. The offices are spread across the UK, with details available from the Employment Tribunals Service.



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