£100,000 award after employer fails to defend unfair dismissal claim
A former employee with 17 years' service was awarded over £100,000 after his employer failed to engage with the tribunal process, leading to a default judgment and strike-out of their response.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant was dismissed on 23 March 2020 after 17 years of service.
- The respondent failed to file a response initially, leading to a default judgment.
- The default judgment was set aside but the respondent later failed to comply with orders.
- The respondent's response was struck out for non-compliance and lack of engagement.
- The claimant was awarded £100,331.50 in total for unfair dismissal and other claims.
Timeline
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Dismissal
The claimant was dismissed from employment.
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Initial default judgment
Employment Judge Laidler entered default judgment due to no response from respondent.
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Set aside hearing
Employment Judge Laidler set aside the default judgment and gave respondent leave to defend.
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Order for set aside
Written judgment issued setting aside default judgment.
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Claimant's solicitor contacted respondent
Claimant's solicitor emailed respondent's director to agree timetable; respondent asked for time until 28 September.
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Chaser email
Claimant's solicitor sent a follow-up email; no response.
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Strike out hearing
Employment Judge Hutchings struck out respondent's response for non-compliance.
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Remedy hearing
Employment Judge Hutchings awarded £100,331.50 in remedy.
The legal issue
The tribunal had to decide whether to strike out the employer's response for non-compliance with orders and whether the employee was entitled to remedies for unfair dismissal and unauthorised deductions.
The outcome
The tribunal struck out the employer's response and entered judgment for the claimant.
- The employer failed to comply with a case management order and did not respond to requests to agree a timetable.
- The tribunal found that further delays would be unfair to the claimant, who had already waited over two years.
- Compensation totalled £100,331.50:
- Basic award: £13,387.50
- Compensatory award: £86,444.00
- Unauthorised deductions and holiday pay: £20,262.56 (included in the total)
- Expenses: £201.78
Lessons & takeaways
- If you are bringing a claim and the employer fails to respond, you can apply for a default judgment without a full hearing.
- Employers who ignore tribunal orders risk having their defence struck out, leading to a judgment against them.
- Keep a record of all attempts to engage with the other side; it can help prove non-compliance.
- Tribunals will consider the overriding objective to deal with cases fairly and expeditiously, even if it means striking out a response.
This case shows what can happen when an employer simply stops engaging with the employment tribunal process. The former employee, who had worked for Drive Software Solutions Limited for 17 years, was dismissed in March 2020. When the employer failed to file a response, a default judgment was entered. Although that default was later set aside, the employer then failed to comply with orders and stopped communicating altogether.
What went wrong for the employer
The employer had a second chance after the default judgment was set aside in May 2021. But they did not follow the case management order, and when their solicitor withdrew in September 2022, they failed to respond to the claimant's solicitor's emails. The tribunal struck out their response in November 2022, noting that the employer had made it clear they did not intend to engage. The remedy hearing went ahead without them, resulting in a total award of over £100,000.
What this means for similar claims
This case is a reminder that tribunals will not allow employers to drag out proceedings indefinitely. If an employer fails to comply with orders or engage, the tribunal can strike out their defence and decide the case based on the claimant's evidence. For employees, it highlights the importance of pursuing applications for default judgment or strike-out if the other side is not cooperating. The award here was substantial, including a basic award of £13,387.50 and a compensatory award of £86,444, reflecting the employee's long service and the unfairness of the dismissal.
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