Care company ordered to pay £19,117 after ignoring tribunal claim
A former employee won an unfair dismissal claim by default after her employer failed to respond or attend the hearing. The tribunal awarded £14,137 for unfair dismissal plus £4,980 for breach of contract, including a 10% uplift for ignoring the ACAS Code.
1 min read · Last updated 18 May 2026
Case details
- #default-judgment
- #acas-code-uplift
- #breach-of-contract-notice-pay
Key facts
- The respondent failed to enter a response or attend the hearing.
- A default judgment was made under Rule 21(2).
- The claimant's unfair dismissal claim succeeded.
- The respondent was ordered to pay a basic award of £6,732.00 and a compensatory award of £7,405.20.
- The compensatory award included a 10% uplift for failure to follow the ACAS Code.
- The claimant also received £4,980.00 for breach of contract (notice pay).
Timeline
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Dismissal date
The claimant's employment ended on this date, as referenced in the prescribed element period.
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End of prescribed element period
The prescribed element period ended on this date.
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Default judgment hearing
The tribunal made a default judgment finding unfair dismissal well-founded, with remedy to be decided later.
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Remedy hearing
The tribunal determined the remedy, awarding basic and compensatory awards plus notice pay.
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Judgment sent to parties
The written remedy judgment was sent to the parties.
The legal issue
The tribunal had to decide whether the claimant was unfairly dismissed and what remedy to award, given that the employer did not participate in the proceedings.
The outcome
The tribunal found the claimant was unfairly dismissed and awarded a total of £19,117.20, comprising:
- Basic award: £6,732.00
- Compensatory award: £7,405.20 (includes a 10% uplift for failure to follow the ACAS Code)
- Breach of contract (notice pay): £4,980.00
The respondent did not defend the claim, so the tribunal applied a default judgment.
Lessons & takeaways
- Employers who ignore tribunal claims risk a default judgment, which can be costly and difficult to overturn.
- Failure to follow the ACAS Code of Practice on disciplinary and grievance procedures can lead to a 10% uplift on compensation.
- Claimants can recover notice pay as a breach of contract claim alongside unfair dismissal.
- Default judgments mean the tribunal accepts the claimant's version of events if the respondent does not respond.
When silence costs: the price of ignoring a tribunal claim
This case shows what can happen when an employer simply refuses to engage with the employment tribunal process. The former employee brought a claim for unfair dismissal and breach of contract after her employment ended. The respondent, Northwest One to One Care Limited, failed to file a response or attend any hearings. As a result, the tribunal made a default judgment, meaning the claimant's case was accepted without challenge.
What the employer could have done differently
The respondent had every opportunity to defend itself. By ignoring the proceedings, it forfeited the chance to argue its side or negotiate a settlement. The tribunal had no alternative but to find the dismissal unfair and award compensation. Even a minimal response might have reduced the award or avoided the ACAS Code uplift entirely.
Why this matters for similar claims
For employees, this case illustrates that the tribunal system can work even when an employer tries to avoid it. A default judgment can be obtained relatively quickly, and the claimant does not need to prove every detail if the employer fails to respond. However, it also highlights the importance of the ACAS Code – the 10% uplift here was a direct penalty for the respondent's failure to follow proper procedures. For anyone considering a claim, it is worth remembering that employers who ignore proceedings may end up paying significantly more.
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