In this section
Responding to a claim
Your response cannot be accepted unless it meets certain conditions.
By law, you must tell us:
- your full name and address;
- whether you want to resist (defend) all or part of the claim; and
- the grounds on which the claim is being resisted.
Acceptable responses
If the Tribunal accepts your response, a copy will be sent to the claimant.
In most cases, we will also send a copy to ACAS, the independent conciliation service, who will try to help you and the claimant reach an agreed settlement.
If a claimant is no longer employed, he or she may make a claim against an employer for breach of contract. In certain circumstances, this entitles you to make a counterclaim. Any such counterclaim must be made within six weeks of receiving the copy of the claim from the Tribunal office. If you wish to make a counterclaim, please ask the Tribunal office to send you a form.
Unacceptable responses
If your response is not on the approved form, provided by the Tribunals Service, or does not contain the information shown above, it will be returned and the claim dealt with as if we had not received a response.
Your response will not be accepted if:
- it is not on an approved form provided by the Tribunals Service,
- the Employment Tribunal office does not receive your response within the specified time limit,
- your response does not provide all the required information.
In these circumstances, the Tribunal can consider issuing a default judgment. A default judgment allows an Employment Judge to give a decision about the claim without you having to attend a hearing.
A default judgment
If a response is not received within the time limit or fails to supply the necessary information, it will not be accepted. In these circumstances, a default judgment may be issued. A default judgment allows an Employment Judge to give a decision about the claim without the claimant having to go to a hearing.
You can apply to the tribunal to ask it to review a default judgment. You must apply in writing within 14 days of the date the judgment was sent by the tribunal office. (An Employment Judge may extend the time limit for reviewing a default judgment but only if they think it is just and equitable to do so). You must say why you believe the default judgment should be changed or withdrawn.
When the respondent is applying for a review of a default judgment, the application must include:
- the respondent's response to the claim;
- an application to extend the time limit for presenting the response; and
- an explanation of why a response containing the necessary information or an application to extend the time limit for response was not provided within the time limit for responding.
The Tribunal has the power to refuse to review the default judgment, confirm it, change it or withdraw it. An application for review does not change the time for making an appeal. You may appeal while waiting for the result of the application.
