Carer wins unfair dismissal claim after employer fails to respond to tribunal
A carer with eight years' service was awarded over £2,500 after her employer failed to file a response to her tribunal claim, leading to a default judgment.
1 min read · Last updated 18 May 2026
Case details
- #carer
- #relationship-breakdown
- #loss-of-statutory-rights
- #rule-21-judgment
- #remedy-hearing
Key facts
- The claimant was employed as a carer for the respondent from 26 April 2013 to 26 April 2021.
- The respondent failed to file a response in time and the response was rejected under Rule 21.
- The claimant's unfair dismissal claim succeeded on liability.
- The claimant's wrongful dismissal claim succeeded with an award of £1,416.10.
- The claimant's holiday pay claim succeeded with an award of £436.92.
- The relationship between claimant and respondent had broken down, so the employment would have ended anyway.
Timeline
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Employment started
Claimant began working as a carer for the respondent.
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Dismissal
Claimant was dismissed from her employment.
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Claim presented
Claimant issued a claim to the Tribunal for unfair dismissal, wrongful dismissal, and holiday pay.
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Response deadline
Respondent was required to serve a response but failed to do so.
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Case management hearing
Employment Judge Serr ordered the respondent to file a draft response and extension application by 23 February 2022.
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Bullet point response
Respondent's father emailed a bullet point response, not a formal response form.
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Unless order
Unless order issued requiring full compliance by 30 March 2022.
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Response form submitted
Respondent submitted a completed response form but no extension application.
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Liability judgment
Employment Judge McDonald issued a Rule 21 judgment finding unfair dismissal, wrongful dismissal, and holiday pay claims succeeded.
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Remedy hearing
Remedy hearing held to determine compensation for unfair dismissal.
The legal issue
The tribunal had to decide whether the claimant was unfairly dismissed and what compensation should be awarded, considering that the employment relationship had broken down.
The outcome
The tribunal found in favour of the carer on all claims because the employer did not file a valid response.
- Unfair dismissal: succeeded (compensation to be determined at a remedy hearing).
- Wrongful dismissal: £1,416.10 awarded for notice pay.
- Holiday pay: £436.92 awarded for accrued but untaken holiday.
- Total compensation: £2,540.00 (including the wrongful dismissal and holiday pay awards).
Lessons & takeaways
- If you are an employer, always respond to a tribunal claim on time and comply with orders, or you risk a default judgment.
- Keep records of all communications and ensure you follow tribunal procedures exactly, including applying for extensions if needed.
- Even if a relationship has broken down, you must still follow proper dismissal procedures to avoid liability for unfair dismissal.
- Employees should keep evidence of their losses, such as lost earnings and unpaid holiday, to support their compensation claim.
A carer's fight for fair treatment
A carer who worked for eight years was dismissed by her employer, Natalie Farrar, without proper notice and without being paid for her accrued holiday. When she took her case to an employment tribunal, the employer failed to file a response on time, despite several chances to do so. The tribunal ultimately issued a default judgment, finding the carer had been unfairly dismissed, wrongfully dismissed, and was owed holiday pay.
What went wrong for the employer
The employer's representative, the respondent's father, sent a bullet-point response instead of the required form, and later submitted the form but without an application for an extension of time. The tribunal had made clear that both were needed. This failure meant the employer lost the chance to defend the claims on liability. The case shows how important it is for employers to follow tribunal rules precisely, especially when deadlines have already been missed.
Why this matters
This case is a reminder that tribunals will not bend the rules for parties who ignore orders. For employees, it shows that even without a full hearing on the facts, a claim can succeed if the employer fails to engage. The carer received compensation for notice pay and holiday pay, and a further hearing will decide the amount for unfair dismissal. The breakdown of the relationship was noted, but that did not prevent the claims from succeeding.
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