Employment tribunals (05): judgment in default and debarment (old rules)
If a respondent fails to complete its response form (ET3) correctly and/or fails to present it to the tribunal within the 28-day time limit, it may be prevented from defending a claim. This note considers the circumstances in which a tribunal may issue judgment in default against a respondent or debarr it from participating in proceedings and what action a respondent may take if either happens.
NOTE: This note explains the procedure under the Employment Tribunals Rules of Procedure 2004, which are no longer in force. On 29 July 2013, these were replaced by the Employment Tribunals Rules of Procedure 2013. For details of practice and procedure generally under the 2013 rules, see Employment Tribunals Rules of Procedure 2013: toolkit.
For information on what happens when a respondent fails to submit an ET3, either in time or at all, under the 2013 rules, see Practice note, Employment tribunals (08): responding to a claim: Consequences of not acting within the 28-day deadline.