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Respondent has failed to submit a defence - tribunal case - advice please


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Hi all, Have just recieved a letter from my solicitor stating that the respondent has failed to submit a defence in response to my claim.. (unfair dismissal) Therefore I automatically succeeded... Now I have to attend court within the next month to decide what compensation is payable to me.

 

Can anyone advise me how things work next... I am sure it is not going to be so straight forward ie: actually recieving the compensation payment from them without a long wait etc, however I was wondering can they appeal this decision etc? can they submit a late response? will they still have to attend court for the compensation hearing? has anyone else had this experience? a little insight into what can or could happen from now would be appreciated... Many Thanks in advance :-)

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Hi sack..... well done on 'winning' at least you don't have to go through the worry of a trial.

 

Like all things the Respondent could appeal but it sounds like that they are not contesting the complaint, perhaps they will be a bit more active when they are told how much to pay you. I doubt whether any appeal would be a success because the system allows for time to put it together.

 

Your solicitor will be / should be asking for all the evidence you have on your losses. There are set amounts that are paid have a look at this site and you will get an idea http://www.compactlaw.co.uk/monster/empf10.html Your solicitor should be submitting a schedule of loss too so you will get an exact amount. Once an order is made the employer will have a set amount of time to pay or enforcement proceedings will have to be taken. I think that happens in the county court.

 

Is the employer a large organisation or a small concern?

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Sac - I am in exactly the same position as you . I left my last job in June as I was subjected to discrimination due to my national origin whilst at work. I went through all of the internal processes and finally left without working notice. I put a complaint in at the ET (East London) on 15th July for unfair dismissal (constructive dismissal) and discrimination on the basis of my race and national origin- my ET1 was accepted. As I had not heard anything I rang the Court Clerk this morning who informed me that my previous employer has not sent in their reply and that an "urgent default judgement" has been sent to the judge for review. I am not that clear on what that actually means either! I assume that as they havent responded it automatically goes in my favour - but as for the award I have no idea? what if my previous employer doesnt pay up? do I have to take them to court again to get the money? They are a medium sized pharmaceutical manufacturer......TBH I am very surprised that they havent responded or even at least contacted ACAS to stop it from getting this far...still their ignorance is my gaain I guess!

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Hi there. Papsmurf is right if you go to the HM court service website and look for the section which states "I have a judgement and the respondant hasn't paid" then that will tell you what to do next.

If anyone is nervose before attending a hearing I would advise to go to the Tribunal Service and ask to sit in on a hearing - you are perfectly entitled to do that and will give you an idea of what to expect and it is a food education as well.

Best of luck anyway to you both.

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Thank you for your comments... The respondent has now sent in a late defence and was asked to explain why... Seems that they had a good enough excuse so it is off to court we go!

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