Redundancy dismissal without a response: default judgment leads to remedy award
A former employee won his unfair dismissal claim by default after Lex Machinery Limited failed to respond. He was awarded £5,989.65 in total, including redundancy pay, notice pay, holiday pay, and compensation for loss of earnings.
1 min read · Last updated 18 May 2026
Key facts
- The claimant was dismissed by reason of redundancy.
- The respondent failed to present a valid response to the claim.
- The claimant was awarded damages for breach of contract in respect of notice.
- The claimant was awarded a redundancy payment.
- The claimant was awarded unpaid holiday pay.
- The unfair dismissal claim succeeded and a remedy hearing was held.
Timeline
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Dismissal
The claimant was dismissed from employment.
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Claim issued
The claimant issued proceedings in the South East Region Employment Tribunals.
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Default judgment
Employment Judge Anstis issued a judgment under Rule 21, finding breach of contract, redundancy, and holiday pay due, and that unfair dismissal succeeded.
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Remedy hearing
Employment Judge Hussain held a remedy hearing and awarded compensation for unfair dismissal.
The legal issue
The tribunal had to determine the appropriate remedy for unfair dismissal after a default judgment on liability, where the employer had not contested the claim.
The outcome
The tribunal decided that the claimant was unfairly dismissed by reason of redundancy and awarded compensation.
- The claimant was dismissed on 4 May 2022 and issued proceedings on 20 July 2022. The respondent failed to file a response, leading to a default judgment on liability.
- At the remedy hearing, the tribunal awarded:
- Damages for breach of contract (notice pay): £1,463.85
- Redundancy payment: £2,451.90
- Unpaid holiday pay: £402.82
- Compensatory award for unfair dismissal: £1,671.08 (loss of earnings £1,171.08 plus loss of statutory rights £500)
- Total award: £5,989.65
Lessons & takeaways
- Employers must respond to tribunal claims on time; failure to do so can result in a default judgment against them.
- Even without a response, claimants can still need to attend a remedy hearing to prove their losses.
- Redundancy payments and notice pay are separate from unfair dismissal compensation and may be claimed together.
- Keep records of your employment dates, pay, and holiday entitlement to support your claim for specific amounts.
When an employer fails to engage
This case shows what can happen when an employer simply ignores employment tribunal proceedings. The former employee was dismissed by Lex Machinery Limited on grounds of redundancy. He brought claims for unfair dismissal, breach of contract (notice), redundancy payment, and holiday pay. The employer did not file a response, so the tribunal issued a default judgment on liability, meaning the claims were effectively admitted.
The remedy hearing
A separate hearing was needed to decide how much compensation the former employee should receive. He attended with a barrister; the employer did not appear. The tribunal calculated the sums due: notice pay of £1,463.85, a statutory redundancy payment of £2,451.90, and unpaid holiday pay of £402.82. For the unfair dismissal claim, the tribunal awarded a compensatory award of £1,671.08, covering four weeks' loss of earnings and £500 for loss of statutory rights. The total came to £5,989.65.
What this means for similar claims
This case is a reminder that employers who do not engage with tribunal claims risk having judgment entered against them by default. For employees, it illustrates that even after a default judgment, you must still attend a remedy hearing to prove your financial losses. Keeping detailed records of your pay, holiday entitlement, and the circumstances of your dismissal is essential to securing the full compensation you are entitled to.
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