Mental Health Care Assistant wins default judgment after employer fails to respond to claim
An employment tribunal entered default judgment against Healthcare and Transport Services after it failed to submit a response to an unfair dismissal claim within the time limit, and refused the employer's late application for an extension.
1 min read · Last updated 18 May 2026
Case details
- #default-judgment
- #unfair-dismissal
- #disability-discrimination-withdrawn
- #reconsideration-refused
- #no-response
Key facts
- The claimant worked as a Mental Health Care Assistant for nearly four years until February 2022.
- The respondent did not submit a response to the claim within the time limit.
- The claimant withdrew the disability discrimination claim at the preliminary hearing.
- The respondent's application for an extension of time to submit a response was refused.
- Default judgment was entered in favour of the claimant on the unfair dismissal claim.
- The respondent's application for reconsideration was refused.
Timeline
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Dismissal
The claimant was dismissed from his role as Mental Health Care Assistant.
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Claim lodged
The claimant lodged a claim for unfair dismissal and disability discrimination.
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Claim sent to respondent
The claim form was sent to the respondent with a deadline of 13 July 2022 to respond.
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Respondent aware of claim
The respondent became aware of the claim upon receiving a Notice of Hearing.
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Respondent received claim documents
The respondent received a copy of the claim after requesting it.
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Draft response submitted
The respondent's representative, Croner, submitted draft grounds of resistance and an application for an extension of time.
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Preliminary hearing and default judgment
At a preliminary hearing, the respondent did not attend. The tribunal refused the extension of time and entered default judgment on the unfair dismissal claim. The claimant withdrew the disability discrimination claim.
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Reconsideration application
The respondent applied for reconsideration of the default judgment.
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Reconsideration refused
Employment Judge Norris refused the reconsideration application.
The legal issue
The tribunal had to decide whether to grant default judgment on the unfair dismissal claim when the respondent failed to submit a response in time, and whether to allow an extension of time or reconsideration.
The outcome
The tribunal granted default judgment in favour of the claimant on the unfair dismissal claim, meaning the claim succeeds and will proceed to a remedy hearing.
The key reason was that the respondent did not file a response within the prescribed time limit and failed to provide a satisfactory explanation for the delay after receiving the claim documents on 11 August 2022. The tribunal refused the respondent's application for an extension of time and later refused reconsideration.
The claimant also withdrew a disability discrimination claim at the preliminary hearing.
Lessons & takeaways
- If you receive an employment tribunal claim, respond immediately — even if you are seeking legal advice, you must submit a response within the deadline or apply for an extension before it expires.
- A delay of several weeks after receiving the claim documents without a good reason is likely to result in default judgment against you.
- Employers should ensure their HR or legal team monitors tribunal correspondence closely, as missing a deadline can lead to losing the case without a hearing on the merits.
This case shows what can happen when an employer fails to engage with the tribunal process in time. The claimant, a Mental Health Care Assistant with nearly four years' service, was dismissed in February 2022 and lodged claims for unfair dismissal and disability discrimination. The respondent, Healthcare and Transport Services, did not submit a response by the 13 July 2022 deadline, despite being aware of the claim from 30 June.
What the employer did wrong
The respondent argued it did not receive the claim form initially and only obtained a copy on 11 August 2022. However, it then waited eight weeks before submitting draft grounds of resistance and an application for an extension of time. The tribunal found this delay unexplained: if the respondent had genuinely sought legal advice promptly, a response should have been filed within days, not weeks. The employer also failed to attend the preliminary hearing, which weakened its position further.
Why default judgment was entered
Under tribunal rules, if a respondent does not file a response in time, the claimant can request a default judgment. Here, the tribunal refused the extension because the respondent had not shown good reason for the delay after receiving the claim. The application for reconsideration was also refused, as there was no reasonable prospect of the decision being changed. The disability discrimination claim was withdrawn by the claimant at the hearing.
What this means for similar claims
For claimants, this case illustrates that procedural failures by the employer can lead to a swift victory on liability, even without a full hearing. For respondents, it is a reminder that tribunal deadlines are strict: missing them can result in losing the right to defend the claim. The case now proceeds to a remedy hearing, where the tribunal will decide how much compensation the claimant should receive for unfair dismissal.
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