Default judgment revoked after employer's failure to attend: claims dismissed as out of time
A former employee's claims for constructive unfair dismissal, direct discrimination and victimisation were dismissed after the tribunal revoked a default judgment and found the discrimination claims were brought too late.
2 min read · Last updated 19 May 2026
Case details
Key facts
- The claimant brought claims for constructive unfair dismissal, direct discrimination, and victimisation.
- The respondent failed to attend a preliminary hearing on 1 April 2022, leading to a default judgment that was later revoked.
- The respondent applied for reconsideration promptly after becoming aware of the default judgment.
- The claimant deleted text messages and other evidence after receiving the default judgment.
- The tribunal found that the respondent had a reasonable triable defence and that a fair trial was still possible.
Timeline
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Preliminary hearing not attended by respondent
The respondent failed to attend the preliminary hearing because the notice was not brought to the attention of any person with conduct of the matter.
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Deadline for respondent to contact tribunal
The respondent failed to contact the claimant and tribunal by this date as ordered.
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Claimant applied for default judgment
The claimant applied for judgment due to the respondent's non-compliance.
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Default judgment entered
Employment Judge J S Burns entered judgment against the respondent for damages to be assessed.
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Respondent applied for reconsideration
The respondent applied to revoke the default judgment.
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Default judgment revoked
Employment Judge J S Burns revoked the default judgment and ordered the respondent to pay £427.80 for wasted preparation time.
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Substantive hearing began
The tribunal heard the case over three days.
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Judgment dismissing claims
The tribunal dismissed all claims for constructive unfair dismissal, direct discrimination, and victimisation.
The legal issue
The tribunal had to decide whether the former employee was constructively unfairly dismissed, directly discriminated against, or victimised, and whether the discrimination claims were brought within the required time limits under the Equality Act 2010.
The outcome
The tribunal dismissed all claims. The discrimination and victimisation claims were brought outside the three-month time limit, and it was not just and equitable to extend time. The constructive unfair dismissal claim was also not well-founded.
The respondent had initially failed to attend a preliminary hearing, leading to a default judgment of over £30,000. However, the judgment was later revoked because the respondent had a reasonable defence and a fair trial was still possible. The respondent was ordered to pay £427.80 for the claimant's wasted preparation time.
Lessons & takeaways
- If you receive a default judgment, do not delete evidence — judgments can be reconsidered, and destroying evidence may harm your case.
- Employers must keep their contact details up to date with the tribunal; failing to receive a hearing notice is not a guaranteed excuse.
- Discrimination claims must be brought within three months of the act complained of; the tribunal has limited discretion to extend time.
- A default judgment can be revoked if the respondent has a reasonable triable defence and applies promptly.
This case shows how a procedural error by an employer can lead to a default judgment, but also how that judgment can be undone if the employer acts quickly and has a genuine defence. The former employee brought claims for constructive unfair dismissal, direct discrimination, and victimisation after leaving their job. However, the employer failed to attend a preliminary hearing because the notice was not passed to the right person, leading to a default judgment of over £30,000.
What went wrong for the claimant
The employer applied to revoke the default judgment just 18 days after it was entered. The tribunal agreed to revoke it, noting that the employer had a reasonable triable defence and that a fair trial was still possible. Crucially, the claimant had deleted text messages and other evidence after receiving the default judgment — a move the tribunal described as 'rash' since any judgment can be reconsidered. The employer was ordered to pay £427.80 for the claimant's wasted time, but the main claims proceeded to a full hearing.
Why the claims failed
At the full hearing, the tribunal found that the discrimination and victimisation claims were brought outside the three-month time limit required by the Equality Act 2010. The tribunal decided it was not just and equitable to extend time. The constructive unfair dismissal claim was also dismissed as not well-founded. This outcome highlights the importance of bringing discrimination claims promptly and the difficulty of reviving claims after a delay.
What this means for similar cases
For employees, this case is a reminder that default judgments are not final — employers can apply to have them set aside if they have a good reason and a defence. Deleting evidence in the hope of securing a judgment can backfire. For employers, it shows that a failure to keep contact details updated can be costly, but prompt action can salvage the case. The key lesson is that procedural mistakes do not necessarily determine the outcome if the underlying claims are weak or out of time.
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