Pregnancy discrimination claim succeeds by default after employer fails to respond
A former employee won £35,163 after her employer failed to submit a response to her pregnancy discrimination claim in time, leading to a default judgment.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant was employed by Garmston Professional Ltd from 19 February 2022 to 23 June 2022.
- The claimant brought claims of pregnancy and maternity discrimination.
- The first respondent did not submit a response in time and failed to apply for an extension.
- A Rule 21 judgment was issued against the first respondent on 27 February 2023.
- The claim against the second respondent was withdrawn and dismissed.
- The first respondent's application for reconsideration was refused.
Timeline
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Claim presented
The claimant presented a claim to the Employment Tribunal bringing complaints of pregnancy and maternity discrimination.
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Claim served on respondents
The claim was served on both respondents with a deadline of 21 November 2022 to submit a response.
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Second respondent's response
The second respondent presented its response in time.
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First respondent's late response
The first respondent presented its response out of time without an application for an extension.
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Response rejection letter
The Tribunal sent a letter to the first respondent informing them that their response was rejected and explaining the steps to obtain an extension.
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Preliminary hearing
A telephone preliminary hearing took place before Regional Employment Judge Swann. The first respondent did not attend.
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Rule 21 judgment
At a preliminary hearing, Employment Judge Ahmed issued a Rule 21 judgment against the first respondent for failing to respond in time.
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Judgment sent to parties
The written judgment was sent to the parties.
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Reconsideration application
The first respondent applied for reconsideration of the Rule 21 judgment.
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Reconsideration hearing
Employment Judge Ahmed refused the reconsideration application.
The legal issue
The tribunal had to decide whether to issue a default judgment against the employer for not responding in time and whether to grant the employer's application for reconsideration.
The outcome
The tribunal issued a default judgment against Garmston Professional Ltd because it did not submit a response within the 28-day deadline and did not apply for an extension of time. The employer's later application for reconsideration was refused.
Compensation:
- Loss of earnings: £16,425.52
- Future loss of earnings: £8,190.26
- Injury to feelings: £10,000.00
- Interest: £547.50
- Total: £35,163.28
Lessons & takeaways
- Employers must respond to tribunal claims within 28 days of receiving them, or apply for an extension before the deadline expires.
- Failing to respond in time can result in a default judgment against the employer, without a hearing on the merits.
- Tribunals are unlikely to grant reconsideration of a default judgment unless there is a very good reason for the delay.
- Claimants in pregnancy discrimination cases can recover compensation for injury to feelings as well as financial losses.
- It is important to keep the tribunal informed of any changes in address or contact details to avoid missing important correspondence.
What this case shows
This case demonstrates the serious consequences for employers who fail to engage with tribunal proceedings. The former employee brought claims of pregnancy and maternity discrimination against Garmston Professional Ltd, but the company did not submit a response within the required 28-day period. Despite being given clear instructions on how to apply for an extension, the employer took no action. As a result, the tribunal issued a default judgment, meaning the employer was not allowed to defend the claim.
What the employer could have done differently
Garmston Professional Ltd could have avoided this outcome by simply submitting a response on time or by applying for an extension before the deadline passed. The tribunal sent a letter explaining the steps to take, but the employer did not follow them. Even after the default judgment was issued, the employer applied for reconsideration but failed to provide a good reason for the delay. The tribunal refused the application, noting that the employer had been given multiple opportunities to comply.
Why this matters
This case is a reminder that employment tribunal rules are strictly enforced. Employers who ignore deadlines risk having a judgment made against them without the chance to argue their side. For employees, it shows that the tribunal system can provide a remedy even when the employer does not cooperate. The compensation awarded included £10,000 for injury to feelings, reflecting the distress caused by the discrimination.
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