In person For the v Respondent — 2022

On 10 February 2022, Employment Judge Ord sitting alone heard the respondent's application for reconsideration after a default judgment had been entered under Rule 21 on 28 June 2021. The respondent explained that the claim form, although properly delivered, had not come to the attention of the relevant individuals, and that a draft response had already been submitted on 1 July 2021. The claimant had advanced claims of unfair dismissal, disability discrimination, and non-payment of a “medical pension”.

The judge accepted that the respondent had a defence raising several matters which could prima facie answer the complaints, including capability through ill health, denial that the claimant was disabled at the material times, and denial of discrimination. The judge was not satisfied that the Tribunal had jurisdiction to consider the medical pension claim on the material before it. Concluding that allowing the default judgment to stand would amount to a “windfall” to the claimant, the judge set aside the judgment, granted the respondent an extension of time to file a response, and accepted the draft response as the response.