Default judgment revoked after tribunal loses employer's response
A default judgment against Nottingham City Council was revoked after the tribunal found it had lost the employer's response. The case will now proceed to a full hearing.
1 min read · Last updated 18 May 2026
Case details
- #default-judgment
- #reconsideration
- #procedural-mishap
- #no-response
Key facts
- The claimant issued a claim on 21 October 2022.
- The respondent failed to file a valid response by the extended deadline of 12 December 2022.
- A default judgment on liability was issued on 26 January 2023.
- The respondent later provided evidence that it had sent the response to the tribunal on 12 December 2022.
- The tribunal found a procedural mishap and revoked the default judgment.
Timeline
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Claim issued
Mr K Haggarty issued a claim in the Nottingham Employment Tribunal.
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Response deadline
The respondent was granted an extension to file its response by this date but the tribunal did not receive it.
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Default judgment on liability
Employment Judge Broughton issued a default judgment finding the claims well founded because no response was filed.
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Reconsideration application
The respondent applied for reconsideration, attaching evidence that the response was sent on 12 December 2022.
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Reconsideration granted
Employment Judge Broughton revoked the default judgment due to a procedural mishap.
The legal issue
The tribunal had to decide whether to revoke a default judgment that had been issued because the employer failed to file a response, when the employer later showed it had sent the response but the tribunal lost it.
The outcome
The tribunal granted the employer's application for reconsideration and revoked the default judgment on liability.
The key reason was that the employer had sent its response to the correct tribunal email address on the deadline day, but the tribunal had no record of receiving it. The judge found on the balance of probabilities that a procedural mishap had occurred.
No compensation was awarded as the default judgment was revoked before any remedy hearing.
Lessons & takeaways
- If you are a respondent, always keep proof of sending your response to the tribunal, such as an email receipt or delivery confirmation.
- A default judgment can be set aside if you can show you filed a response on time but the tribunal lost it.
- Claimants should be aware that a default judgment is not final if the respondent can prove a procedural error by the tribunal.
- Tribunals will consider whether it is in the interests of justice to revoke a default judgment, especially if the respondent was not at fault.
When the tribunal loses your response
This case shows what can happen when a procedural mishap by the tribunal itself leads to a default judgment. The former employee had brought claims for unfair dismissal, disability discrimination, and whistleblowing detriment against Nottingham City Council. The council was granted an extension to file its response by 12 December 2022, and sent it on that date to the correct tribunal email address.
But the tribunal had no record of receiving it. On 26 January 2023, Employment Judge Broughton issued a default judgment on liability, finding the claims well founded. The council then applied for reconsideration, attaching a copy of the email it had sent.
What the losing side could have done differently
In this case, the council did everything right — it filed on time and kept evidence. The fault lay with the tribunal. However, for respondents generally, it is wise to follow up if you do not receive an acknowledgment of your response. A simple phone call or email to the tribunal could have flagged the missing document earlier.
Why this matters
The case is a reminder that default judgments are not always final. Rule 70 of the Employment Tribunal Rules allows reconsideration if it is in the interests of justice. Here, the judge found a procedural mishap deprived the council of the chance to defend itself. The claimant agreed there had been an administrative error, and the default judgment was revoked. The case will now proceed to a full hearing on the merits.
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