SCHEDULE 1THE EMPLOYMENT TRIBUNALS RULES OF PROCEDURE

CONSEQUENCES OF A RESPONSE NOT BEING PRESENTED OR ACCEPTED

Default judgments8

1

In any proceedings if the relevant time limit for presenting a response has passed, a chairman may, in the circumstances listed in paragraph (2), issue a default judgment to determine the claim without a hearing if he considers it appropriate to do so.

2

Those circumstances are when either —

a

no response in those proceedings has been presented to the Employment Tribunal Office within the relevant time limit; or

b

a response has been so presented, but a decision has been made not to accept the response either by the Secretary under rule 6(1) or by a chairman under rule 6(3), and the Employment Tribunal Office has not received an application under rule 34 to have that decision reviewed;

and the claimant has not informed the Employment Tribunal Office in writing either that he does not wish a default judgment to be issued or that the claim has been settled.

3

A default judgment may determine liability only or it may determine liability and remedy. If a default judgment determines remedy it shall be such remedy as it appears to the chairman that the claimant is entitled to on the basis of the information before him.

4

Any default judgment issued by a chairman under this rule shall be recorded in writing and shall be signed by him. The Secretary shall send a copy of that judgment to the parties, to ACAS, and, if the proceedings were referred to the tribunal by a court, to that court. The Secretary shall also inform the parties of their right to have the default judgment reviewed under rule 33. The Secretary shall put a copy of the default judgment on the Register (subject to rule 49 (sexual offences and the Register)).

5

The claimant or respondent may apply to have the default judgment reviewed in accordance with rule 33.

6

If the parties settle the proceedings (either by means of a compromise agreement (as defined in rule 23(2)) or through ACAS) before or on the date on which a default judgment in those proceedings is issued, the default judgment shall have no effect.

7

When paragraph (6) applies, either party may apply under rule 33 to have the default judgment revoked.

Taking no further part in the proceedings9

A respondent who has not presented a response to a claim or whose response has not been accepted shall not be entitled to take any part in the proceedings except to —

a

make an application under rule 33 (review of default judgments);

b

make an application under rule 35 (preliminary consideration of application for review) in respect of rule 34(3)(a) and (b);

c

be called as a witness by another person; or

d

be sent a copy of a document or corrected entry in accordance with rule 8(4), 29(2) or 37;

and in these rules the word “party” or “respondent” includes a respondent only in relation to his entitlement to take such a part in the proceedings, and in relation to any such part which he takes.