Claimant v WC1LDN Ltd
Outcome
Individual claims
Default judgment entered against first and second respondents under rule 21 following their non-attendance at hearing and striking out of their responses. Claimant's disability status for the period 5 July 2023 to 1 October 2023 was established through evidence at hearing.
Default judgment entered against first respondent for claims under Employment Rights Act 1996 after respondents failed to attend hearing and their responses were struck out. Second respondent was confirmed not to be the employer.
Facts
Mr Westwell brought claims against two respondents under the Employment Rights Act 1996 and Equality Act 2010. He was employed by WC1LDN Ltd from 5 July 2023 to 1 October 2023. His discrimination claims related to his management during this period. Altonian Coaches Ltd was the second respondent but was not his employer. Neither respondent attended the hearing or provided representation.
Decision
The tribunal struck out both respondents' responses under rules 37 and 47 and entered default judgment under rule 21. The tribunal found the claimant was disabled during the relevant period. It upheld his claims under the Employment Rights Act 1996 against the first respondent and Equality Act 2010 claims against both respondents. Claims against the second respondent under ERA 1996 were dismissed as it was not his employer.
Practical note
A default judgment under rule 21 will be entered against respondents who fail to attend hearings, but claimants must still prove essential elements such as disability status before succeeding on discrimination claims.
Legal authorities cited
Statutes
Case details
- Case number
- 1405436/2023
- Decision date
- 24 January 2025
- Hearing type
- default judgment
- Hearing days
- 1
- Classification
- default
Respondent
- Name
- WC1LDN Ltd
- Sector
- transport
- Represented
- No
Claimant representation
- Represented
- No