Case 3206227/2021 · Employment Tribunal
Mr A Brennan v Elite Linen Textile Services Ltd. DECISION ON APPLICATION FOR RECONSIDERATION OF DEFAULT — 2022
- Case reference
- 3206227/2021
- Decision date
- 1 July 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Russell
Parties
2 namedClaimant
Mr A Brennan
Key findings
Tribunal's reasoningMr A Brennan had presented claims for unpaid wages and disability discrimination including victimisation. The respondent did not attend the telephone hearing on 30 May 2022, and a default judgment was entered in the claimant's favour with remedy listed for a separate hearing on 8 July 2022.
On the respondent's later application dated 21 June 2022, Employment Judge B Elgot revoked that default judgment under rule 72. The judgment records that the respondent had explained why the ET1 sent to the registered office had not been received, that no ET3 had yet been filed, and that the respondent had subsequently sent a draft response and witness statements. The judge also noted that the claimant had sufficient opportunity at the 30 May 2022 hearing to make representations about the lateness of the response and the respondent's non-appearance.
The tribunal allowed an extension of time for the respondent to lodge a prescribed ET3 by 5pm on 7 July 2022 and directed that a copy be sent to the claimant. The remedy hearing listed for 8 July 2022 was converted into a telephone case management hearing for three hours to deal with case management, a list of issues, listing a final hearing, and other outstanding matters. No substantive decision was made on the unpaid wages or disability discrimination claims in this judgment.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | The respondent's application for reconsideration succeeded and the default judgment was revoked. No merits finding was made on the unpaid wages claim, and the respondent was given permission to defend it. | Other | — | — |
| Disability discrimination | The respondent's application for reconsideration succeeded and the default judgment was revoked. No merits finding was made on the disability discrimination/victimisation claim, which was left to be defended. | Other | Disability | — |
Legal tests applied
5 references- rule 72 Employment Tribunal Rules 2013
- rule 70 Employment Tribunal Rules 2013
- rule 16 Employment Tribunal (Constitution and Rules of Procedure) Regulations 2013
- rule 20 Employment Tribunal (Constitution and Rules of Procedure) Regulations 2013
- interests of justice
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
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