Tribunal has ruled in my favour by default

[bwills34]

Hi I was wondering if someone could help me understand the next steps.

I filed a tribunal claim against my former employer and I found out today that the court has made a default hearing in my favour because my ex employer didn't respond to the court.

What happens now? I have a remedial hearing later this month but the document they've sent states that the ex employer could apply to have this judgement set aside and can also appeal it?

I suspect that they haven't received the papers. Their registered office is a different office to the one they actually work from so I can only assume they don't have their mail forwarded.

[ULA]

A default judgement is a decision made on an employment tribunal claim in the absence of a response, in this case from your ex-employer. Where issued (unless this is amended or withdrawn), an employer will not be able to take any further part in the proceedings dealing with the employment tribunal claim.

On receipt of the default judgement your ex-employer can make an application 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 each of you.[

Any application for a review of a default judgement by your ex-employer must include the reasons why the judgement should be varied or revoked; and include their 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 which may be the purpose of the remedial hearing later this month.

[bwills34]

Do you know what would make the court review the decision? I mean under what circumstances

[ULA]

Sorry I do not know precisely what would make the court review the decision - that is always in the "hands of" a judge. However I do know that the rules regarding default judgements and the application of them was relaxed back in 2013. So the fact that they have issued one would lead me to believe that your ex-employer would need to put in a very compelling argument.

I presume from what you have said your concern would be as to whether they can argue they have not received any Tribunal correspondence and would this be compelling enough for a reconsideration.

[bwills34]

Yes that’s exactly what I mean, thank you. My solicitor is trying to get an out of court settlement before the hearing date.

In your opinion, is that better than waiting for the remedies hearing?

[ULA]

Sorry but I am not as experienced as your solicitor is likely to be about Tribunal decisions so I would suggest that you are guided by them.

However I am aware of a case, which I have detailed the web address of the Judgement below, that was about costs however the argument being used by the Respondent is the fact he did not receive the Tribunal documentation as it was not forwarded to him from his company registered address.

https://assets.publishing.service.go...17_-_Costs.pdf

Your solicitor may already know about this case but there is no harm in raising this with your solicitor and seeing if this has any bearing on the advice that you are given.

[bwills34]

Thanks for that, I’ve been searching online for similar situations so this is exactly what I needed. Thank you