Mr McConville, Lay Representative, with the claimant in attendance v Respondent — 2020

The claimant presented a claim on 23 November 2019 for unauthorised deductions from wages. The claim was served on the respondent at its registered office address, no response was submitted in time, and default judgment was entered on 16 April 2020 for £844.14.

The respondent applied to set aside or reconsider the default judgment, saying it had been confused by the case management order and had not received further communications. At the Skype hearing on 16 June 2020, the respondent advanced points about an alleged change of address, post not being forwarded, and an Experian subscription said to have alerted it to the judgment.

Employment Judge Hughes refused the reconsideration application. The judge was not satisfied that the respondent had not received the claim form, and therefore found no grounds to revoke or vary the default judgment under Rule 70. The judgment was confirmed, with the judge noting that if the respondent later produced evidence by 30 June 2020 about the address change, the Experian subscription, and how that subscription would flag Employment Tribunal default judgments, further reconsideration on the papers could be considered.