Direct discrimination found after employer ignored tribunal claim
A former employee won £93,375.68 for direct discrimination after their employer failed to respond to the claim. The award included a 25% uplift for ignoring ACAS procedures.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The respondent failed to respond to the claimant's claim.
- A rule 21 hearing was held on 27 September 2022 in the respondent's absence.
- The tribunal found direct discrimination under s.13 Equality Act 2010.
- The claimant was awarded £93,375.68 including a 25% uplift for failure to follow ACAS code.
- The respondent later applied for reconsideration, which was refused.
Timeline
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Claim filed
The claimant filed an ET1 commencing claims of unfair dismissal and discrimination.
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Notice of claim sent
The tribunal sent the notice of claim and notice of preliminary hearing to the respondent's Bath address.
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ACAS contact
ACAS conciliator contacted the respondent by email about the claim.
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Claimant's email
The claimant emailed the respondent attaching evidence, but the respondent did not realise it was related to the claim.
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Amended notice
The tribunal issued an amended notice of hearing changing the time and mode of hearing.
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Rule 21 hearing
The tribunal proceeded with the hearing in the respondent's absence and found direct discrimination.
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Respondent receives notice
The respondent received the amended notice of hearing by post and contacted the tribunal.
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Reconsideration request
The respondent requested reconsideration of the judgment.
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Reconsideration hearing
The tribunal heard the respondent's application and granted extension of time, setting aside the original judgment.
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Claimant's reconsideration application
The claimant applied for reconsideration of the decision to set aside the judgment.
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Reconsideration refused
The claimant's application for reconsideration was refused.
The legal issue
The tribunal had to decide whether the employer had received notice of the claim and hearing, and whether it should be allowed to respond out of time. It found the employer had not received proper notice and granted an extension, but later refused the claimant's reconsideration request.
The outcome
The tribunal initially found direct discrimination in the employer's absence and awarded £93,375.68. This included £41,165.88 for loss of earnings, £935 for pension loss, £30,000 for injury to feelings, a 25% ACAS uplift of £18,025.22, and £3,249.58 interest.
However, the employer later applied for reconsideration, arguing it had not received the claim. The tribunal granted an extension of time to respond, setting aside the original judgment. The claimant's application to reconsider that decision was refused.
Lessons & takeaways
- If you receive any communication from ACAS or the tribunal, respond promptly to avoid missing deadlines.
- Employers should have reliable systems for handling post and emails related to legal claims.
- A failure to respond to a tribunal claim can lead to a default judgment with significant compensation.
- Even if you miss the initial response deadline, you may apply for an extension if you can show you did not receive proper notice.
What this case shows
This case highlights the consequences of failing to respond to an employment tribunal claim. The former employee filed claims of unfair dismissal and discrimination. The employer, Gradwell Communications Ltd, did not respond, leading to a rule 21 hearing where the tribunal found direct discrimination and awarded over £93,000.
However, the employer later convinced the tribunal that it had not received the claim documents, despite ACAS and the claimant contacting them. The tribunal accepted the employer's explanation and allowed them to respond out of time, setting aside the original judgment.
What could have been done differently
The employer could have avoided this situation by responding to the ACAS conciliator's email and the claimant's email. Even if they thought the matter was 'closed', they should have checked with the tribunal. A simple reply could have prevented the default judgment and the subsequent legal costs.
Why this matters
This case is a reminder that tribunals will take a failure to respond seriously, but also that they may give employers a second chance if they can show they did not receive proper notice. For claimants, it shows that even a strong case can be delayed if the employer is given the benefit of the doubt on procedural issues.
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