Race discrimination claim succeeds after employer fails to defend
A former employee won £7,432 in a race discrimination claim after the employer's response was struck out and it failed to attend the hearing.
1 min read · Last updated 18 May 2026
Case details
- #race-discrimination
- #strike-out
- #no-appearance
Key facts
- The claimant brought a claim of race discrimination against the respondent.
- The respondent's response was struck out for not being actively pursued.
- The respondent failed to respond to the tribunal's letter and did not appear at the hearing.
- The tribunal found the claim of race discrimination well founded.
- The claimant was awarded £7,432.05 in compensation.
Timeline
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Reduced earnings start
The claimant's reduced earnings period began on 9 June 2020.
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Reduced earnings end
The claimant's reduced earnings period ended on 1 November 2020.
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Tribunal letter to respondent
The tribunal gave the respondent an opportunity to make representations as to why the response should not be struck out.
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Strike out judgment
Regional Employment Judge Franey struck out the respondent's response for failure to reply.
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Final hearing
Employment Judge Buzzard heard the case and found the race discrimination claim well founded, awarding compensation.
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Judgment sent to parties
The written record of the decision was sent to the parties.
The legal issue
The tribunal had to decide whether the claimant's race discrimination claim was well founded, given that the respondent's response had been struck out and the respondent did not appear at the hearing.
The outcome
The tribunal found the claimant's race discrimination claim well founded and awarded £7,432.05 in compensation.
- £2,432.05 for reduced earnings from 9 June 2020 to 1 November 2020
- £5,000 for injury to feelings
Lessons & takeaways
- If you receive a tribunal claim, respond promptly and engage with the process – failing to do so can lead to your defence being struck out.
- An employer that ignores tribunal correspondence risks a default judgment, often resulting in higher compensation awards.
- Injury to feelings awards for discrimination can be significant even when the financial loss is modest.
- Union representation can help claimants navigate the tribunal process and present their case effectively.
When an employer fails to defend
This case shows what can happen when an employer chooses not to engage with employment tribunal proceedings. The former employee brought a race discrimination claim against PJ Southport Limited, trading as Papa John's. The employer initially filed a response but then failed to actively pursue it. Despite being given a chance to explain why the response should not be struck out, the employer did not reply.
The tribunal's decision
Regional Employment Judge Franey struck out the response in November 2022, meaning the employer could no longer defend the claim. At the final hearing in May 2023, the employer did not attend. Employment Judge Buzzard found the race discrimination claim well founded and awarded £7,432.05 in compensation. This included £2,432.05 for reduced earnings over a five-month period and £5,000 for injury to feelings.
What this means for similar claims
For claimants, this case is a reminder that discrimination claims can succeed even without a full contested hearing if the employer fails to defend. For respondents, it highlights the serious consequences of ignoring tribunal correspondence. The award of £5,000 for injury to feelings reflects the distress caused by discrimination, even where the financial loss was limited to a few months' reduced earnings.
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