Disability discrimination claim succeeds after employer fails to respond
A former employee with less than two years' service won £2,394 for disability discrimination after their employer failed to file a response. The unfair dismissal claim was struck out due to insufficient service.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant did not have 2 years' continuous employment, so the unfair dismissal claim was struck out.
- The respondent failed to file an ET3 response or attend the hearing.
- The claimant's disability discrimination claims succeeded.
- The claimant found alternative employment within 6 weeks of dismissal.
- The claimant was awarded £1,404 for loss of earnings and £990 for injury to feelings.
Timeline
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Tribunal letter to claimant
The tribunal gave the claimant an opportunity to make representations as to why the unfair dismissal claim should not be struck out due to insufficient service.
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Strike out judgment
Employment Judge S Jenkins struck out the unfair dismissal claim because the claimant failed to respond.
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Final judgment
Employment Judge Howden-Evans dismissed the unfair dismissal claim for lack of jurisdiction and awarded compensation for disability discrimination.
The legal issue
The tribunal had to decide whether the claimant had sufficient continuous employment to bring an unfair dismissal claim (he did not) and whether the respondent's failure to respond meant the disability discrimination claims could proceed by default.
The outcome
The tribunal struck out the unfair dismissal claim because the claimant did not have two years' continuous employment, which is required under section 108(1) of the Employment Rights Act 1996. However, the disability discrimination claims succeeded by default as the employer failed to file an ET3 response or attend the hearing.
Compensation was awarded as follows:
- £1,404 for loss of earnings (6 weeks)
- £990 for injury to feelings
- Total: £2,394
Lessons & takeaways
- You need at least two years' continuous employment to bring an unfair dismissal claim, unless the dismissal is for an automatically unfair reason.
- If your employer fails to respond to a tribunal claim, you may win by default, but you still need to prove your case on the papers.
- Disability discrimination claims have no service requirement, so they can be brought even if you have been employed for a short time.
- Mitigating your loss by finding new work quickly can limit the compensation you receive, but you can still claim for the period you were out of work.
This case shows what can happen when an employer simply ignores tribunal proceedings. The former employee brought claims for unfair dismissal and disability discrimination after being dismissed. However, because they had worked for Eva-Lution Property Services Limited for less than two years, the unfair dismissal claim was struck out – the law requires two years' continuous service for most unfair dismissal claims.
Default judgment on discrimination claims
The disability discrimination claims took a different path. The employer failed to file a response (ET3) or attend the hearing, so the tribunal proceeded by default. The judge found that the claims were clearly stated and that there was enough information to decide them. The claims – for failure to make reasonable adjustments and discrimination arising from disability – succeeded.
What the employer could have done differently
Had Eva-Lution Property Services Limited engaged with the process, they might have been able to defend the discrimination claims. By ignoring the proceedings, they left the tribunal with no alternative but to find against them. The compensation awarded was relatively modest – £1,404 for six weeks' lost earnings and £990 for injury to feelings – but it could have been avoided entirely by responding to the claim.
Why this matters for similar claims
This case is a reminder that discrimination claims do not require a minimum length of service. Employees who feel they have been discriminated against because of a disability can bring a claim from day one of employment. It also highlights the importance of employers taking tribunal claims seriously – failing to respond can lead to a default judgment and a costs order.
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