Claimant v Sandersons Property Management Limited
Outcome
Individual claims
Under Rule 21 of the Employment Tribunals Rules of Procedure 2013, where a respondent fails to present a valid response on time, the tribunal may determine the claim on the available material. The Employment Judge found the unfair dismissal claim well-founded on the papers in the respondent's absence.
The tribunal exercised its power under Rule 21(2) to determine the age discrimination claim on available material following the respondent's failure to file a response within the prescribed time limit. The claim was found to be well-founded.
The claim for unauthorised deductions from wages was determined in the claimant's favour under Rule 21 default judgment procedure, as the respondent failed to defend the claim by submitting a response within the time limit set out in Rule 16.
Facts
Mrs Hopkins brought claims against her former employer Sandersons Property Management Limited for unfair dismissal, age discrimination, and unauthorised deductions from wages. The respondent failed to file a response within the time limit prescribed by Rule 16 of the Employment Tribunals Rules of Procedure 2013. The claim was filed in London South Employment Tribunal on 17 November 2023.
Decision
Employment Judge Heath entered judgment in default under Rule 21 of the ET Rules, finding all three claims (unfair dismissal, age discrimination, and unauthorised deductions from wages) well-founded based on the available material. A separate remedy hearing was ordered, with the respondent to be notified but only permitted to participate to the extent allowed by the judge.
Practical note
Rule 21 default judgments can result in liability findings on all claims where a respondent fails to file a timely response, though remedy will still require a separate hearing where the respondent may have limited participation rights.
Legal authorities cited
Statutes
Case details
- Case number
- 2305574/2023
- Decision date
- 14 March 2024
- Hearing type
- rule 21
- Hearing days
- —
- Classification
- default
Respondent
- Sector
- professional services
- Represented
- No
Claimant representation
- Represented
- No