Unfair dismissal and breach of contract: employer who failed to respond hit with default judgment
A former employee has won £4,467.57 after their employer failed to respond to an unfair dismissal and breach of contract claim, leading to a default judgment.
1 min read · Last updated 19 May 2026
Key facts
- The claimant issued a claim on 30 June 2023.
- The respondent failed to present a valid response on time.
- The Employment Judge determined the claim under Rule 21.
- The claimant was found to have been unfairly dismissed.
- The respondent dismissed the claimant in breach of contract regarding notice.
Timeline
-
Claim issued
The claimant issued a claim in the North West region of the Employment Tribunals.
-
Judgment given
Employment Judge Batten issued a default judgment finding unfair dismissal and breach of contract.
The legal issue
The tribunal had to decide whether the claimant was unfairly dismissed and whether the employer breached the contract by failing to provide notice. Because the employer did not respond, the tribunal made a default judgment in the claimant's favour.
The outcome
The tribunal ruled in favour of the former employee, finding that they were unfairly dismissed and that the employer breached the contract by not giving proper notice.
Compensation awarded:
- Basic award: £2,680.54
- Damages for breach of contract (notice pay): £1,787.03
- Total: £4,467.57
Lessons & takeaways
- If you receive a claim from an employment tribunal, you must file a response within the deadline or risk a default judgment against you.
- Default judgments can result in the tribunal accepting the claimant's version of events without any defence from the employer.
- Even if you believe a claim has no merit, failing to respond can lead to an automatic loss and a financial award.
- Employers should ensure they have proper procedures for handling tribunal claims, including legal advice, to avoid missing deadlines.
What this case shows
This case is a stark reminder that employers cannot ignore tribunal claims. The former employee issued a claim on 30 June 2023, but the employer, C H Latham, The Baker Limited, failed to present a valid response on time. As a result, the tribunal issued a default judgment under Rule 21, meaning the claimant's case was accepted without the employer having a chance to defend it.
The tribunal found that the claimant was unfairly dismissed and that the employer breached the contract by not providing notice. The total award of £4,467.57 includes a basic award of £2,680.54 and damages for notice pay of £1,787.03.
What the employer could have done differently
The employer could have avoided this outcome simply by filing a response within the 28-day deadline. Even if they had a weak defence, engaging with the process would have allowed them to argue their case. By failing to respond, they effectively conceded the claim.
Why this matters
This case highlights the importance of responding to tribunal claims promptly. For employees, it shows that even if an employer ignores a claim, the tribunal can still award compensation. However, it also underscores that default judgments are procedural wins, not necessarily based on the merits of the case. Claimants should still ensure their claim is properly presented to maximise their chances of success.
Similar cases
Redundancy dismissals upheld as unfair after employer fails to respond
Five former employees of Drainforce Rail Ltd were unfairly dismissed in a redundancy process, but their claims for a statutory redundancy payment failed. The tribunal awarded a total of £23,911.04.
Unfair dismissal but 100% Polkey reduction due to workplace closure
A former employee was unfairly dismissed but received only limited compensation because the tribunal found he would have been fairly dismissed a month later when the workplace closed. Total award: £12,419.29.
Kitchen manager dismissed without consultation in redundancy: unfair dismissal
A kitchen manager with two years' service was unfairly dismissed when her employer made her redundant without any consultation or warning. The tribunal awarded £4,809.49 in compensation.
Butcher awarded £11,871 after redundancy dismissal with no notice or holiday pay
A former butcher won £11,871 after his employer failed to pay notice, holiday pay, or a redundancy payment and did not attend the tribunal hearing.