Default judgment for sexual harassment and unfair dismissal after employer failed to respond
A project manager who was subjected to a sexually explicit comment and then dismissed by redundancy won £35,300 after her employer failed to defend the claim. The tribunal awarded £20,000 for injury to feelings and £15,300 for loss of earnings.
1 min read · Last updated 18 May 2026
Case details
- #sexual-harassment
- #redundancy
- #time-limits
- #open-justice
- #vento-brackets
Key facts
- The claimant was employed as a Project Manager from 19 February 2018 until 1 August 2019.
- In March 2019, Jeremy Leonard made a sexually explicit comment to the claimant before a client meeting.
- The claimant was dismissed by reason of redundancy on 1 August 2019 after HSBC ended its contract.
- The claimant raised a grievance after the redundancy meeting, alleging unfair treatment and discrimination.
- The claimant's claim for sexual harassment regarding the March 2019 comment was presented out of time and not extended.
Timeline
-
Employment started
Claimant began employment as a Project Manager with Appraise Digital Limited, later novated to Lead Digital Limited.
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Christmas party comment
At a Christmas party, Jeremy Leonard said 'anyone that leaves early will be fired' as a joke.
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Novation to Lead Digital
Claimant transferred to Lead Digital Limited via novation agreement.
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Promotion of Chris Charman
Chris Charman was promoted to Digital Director; claimant was not considered.
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Sexual comment by Leonard
Jeremy Leonard made a sexually explicit comment to the claimant before a client meeting.
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HSBC ends contract
HSBC informed the respondent it would no longer need a Project Manager after July 2019.
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Redundancy meeting and dismissal
Claimant was informed her role was redundant; she raised a grievance by email after the meeting.
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Dismissal effective
Claimant's employment ended with effect from 1 October 2019.
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Early conciliation started
Claimant contacted ACAS to start early conciliation.
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Claim presented
Claimant filed her claim with the Employment Tribunal.
The legal issue
The tribunal had to decide what compensation was appropriate for sexual harassment, sex discrimination, victimisation and unfair dismissal after the employer failed to defend the claim.
The outcome
The tribunal awarded the claimant £35,300 in total.
- £15,300 for loss of earnings (6 months' net salary)
- £20,000 for injury to feelings (middle Vento bracket)
The employer did not attend the remedy hearing and had previously failed to respond to the claim, leading to a default judgment.
Lessons & takeaways
- Employers must respond to tribunal claims promptly or risk a default judgment that can lead to substantial awards.
- Even with less than two years' service, employees can bring discrimination claims which have no qualifying period.
- Injury to feelings awards can be significant even without a full hearing on liability if the employer fails to engage.
- Tribunals can award compensation for loss of earnings even if the claimant had limited service, provided the loss is proven.
What this case shows in practice
A project manager with 18 months' service was subjected to a sexually explicit comment by a colleague before a client meeting in March 2019. She was later dismissed by reason of redundancy after a major client ended its contract. She raised a grievance after the redundancy meeting, alleging unfair treatment and discrimination, but the employer did not respond to her claim.
What the losing side could have done differently
Lead Digital Limited failed to enter a response to the tribunal claim, resulting in a default judgment. Had they engaged, they could have argued that the redundancy was genuine and that the sexual comment was an isolated incident. Instead, the tribunal proceeded to a remedy hearing where the claimant's uncontested evidence led to a £35,300 award.
Why the result matters for similar claims
This case highlights the importance of employers taking tribunal claims seriously. A default judgment can lead to significant compensation, even where the underlying facts might have been disputed. For employees, it shows that discrimination claims can succeed without a lengthy hearing if the employer fails to defend, and that injury to feelings awards can be substantial even for a single incident of harassment.
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