Claimant v Chesterfield Borough Council
Outcome
Individual claims
Default judgment granted under Rule 22 because the respondent failed to present a valid response on time or at all. The tribunal determined the disability discrimination claims could properly succeed in the absence of a response.
Facts
Mr C Atkinson brought disability discrimination claims against Chesterfield Borough Council. The claim was filed on 20 November 2024 in the Midlands East region. The respondent failed to present a valid response on time or at all. The tribunal determined the claims under Rule 22 on the papers without a hearing.
Decision
The tribunal granted default judgment in favour of the claimant under Rule 22 of the Employment Tribunals Procedure Rules 2024, finding that the disability discrimination claims succeed. A remedy hearing was listed for 13 May 2025 to determine injury to feelings and any recommendation sought by the claimant.
Practical note
A respondent's failure to present a valid response on time allows the tribunal to grant default judgment under Rule 22, but remedy still requires a hearing where injury to feelings and recommendations are sought.
Legal authorities cited
Statutes
Case details
- Case number
- 2601948/2024
- Decision date
- 27 March 2025
- Hearing type
- rule 21
- Hearing days
- —
- Classification
- default
Respondent
- Sector
- public sector
- Represented
- No
Claimant representation
- Represented
- No