Cases2201552/2024

Claimant v Nomad Health Technologies Ltd

13 May 2025Before Employment Judge EmeryLondon Centralremote video

Outcome

Claimant succeeds

Individual claims

Unfair Dismissalsucceeded

The tribunal found the respondents failed to provide a credible explanation for not submitting a defence, and the claimant's evidence suggested her redundancy occurred shortly after protected disclosures while she was in advanced discussions for a new role. The respondents provided no dates of when redundancy decisions affecting the claimant were taken, making their defence on redundancy reason weak.

Whistleblowingsucceeded

The respondent accepted at least one protected disclosure was made. The tribunal found the respondents' defences to the protected disclosure allegations (that disclosures were only part of her role, or expressions of opinion, or matters resolved shortly after) did not ring true. The claimant appeared likely to succeed in showing she made qualifying protected disclosures to her employer.

Detrimentsucceeded

The claimant alleged she suffered detriments as a consequence of making protected disclosures and health and safety disclosures. Given the tribunal found the protected disclosures were likely made and the timing of her redundancy, the detriment claims succeeded by default as the respondents were unable to defend.

Automatic Unfair Dismissalsucceeded

The claimant alleged dismissal as a consequence of protected disclosures. The tribunal noted the respondent would find it difficult to prove her disclosures played no part in the redundancy decision, particularly given the timing and lack of detail about when redundancy decisions were made.

Discrimination Arising from Disability (s.15)(disability)not determined

The tribunal concluded it could not determine from the papers and discussion whether the disability discrimination claims were made out as required by Rule 22. These claims required further evidence and would proceed to a remedy hearing for determination.

Direct Discrimination(disability)not determined

The tribunal could not conclude from the papers that direct discrimination claims were made out as required by Rule 22. These required further evidence and would proceed to a remedy hearing.

Direct Discrimination(sex)succeeded

The claim alleged sex discrimination. As the respondents were refused permission to submit a defence out of time and a default judgment was effectively entered, this claim succeeded.

Direct Discrimination(sexual orientation)succeeded

The claim alleged sexual orientation discrimination. As the respondents were refused permission to submit a defence out of time and a default judgment was effectively entered, this claim succeeded.

Victimisationsucceeded

The claim alleged victimisation. As the respondents were refused permission to submit a defence out of time and a default judgment was effectively entered, this claim succeeded.

Facts

The claimant filed claims in February 2024 for unfair dismissal, whistleblowing, discrimination on grounds of disability and sexual orientation, and victimisation. The claim was properly served on the respondents by post to their registered offices and by email to their HR address on multiple occasions. The respondents failed to submit a defence by the deadline or at any time during the following year. In February 2025, shortly before a remedy hearing, the second respondent claimed he had never received the claim papers due to an incorrect address, but the tribunal found this explanation to be false and misleading.

Decision

The tribunal refused the respondents' application to submit a defence nearly one year out of time. The judge found the respondents' explanation for the delay was not credible and that their failure to respond was the result of either deliberate delay or serious administrative default. The tribunal concluded that while some aspects of a potential defence might have merit, the prejudice to the claimant from further delay outweighed any prejudice to the respondents, particularly given their unreasonable conduct.

Practical note

When respondents fail to enter a defence and later seek to do so significantly out of time, they must provide a full, frank, and credible explanation for the delay, and misleading evidence about service or registered addresses will result in the application being refused regardless of potential merits.

Legal authorities cited

Grant v Asda [2017] ICR D17Office Equipment Systems Ltd v Hughes [2018] EWCA Civ 1842Horney Golf Centre Ltd v Reed [2024] EAT 96Kwik Save Stores Ltd v Swain [1997] ICR 49

Statutes

Employment Tribunal Rules 2024 Rule 21ERA 1996Employment Tribunal Rules 2024 Rule 22

Case details

Case number
2201552/2024
Decision date
13 May 2025
Hearing type
preliminary
Hearing days
1
Classification
contested

Respondent

Sector
healthcare
Represented
Yes
Rep type
lay rep

Employment details

Role
Commercial Director

Claimant representation

Represented
Yes
Rep type
lay rep