Mr C O’Brien v Fullers: 3313327/2019
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21[1]Pursuant to Rule 21, on the Respondent having failed to enter a response to the Claimant’s claim, the claim for harassment succeeds.[2]The remedy to which the claimant is entitled will be determined at a Remedy Hearing. _____________________________ Employment Judge Henry Date: 09.09.19REASONS
[1]The respondent’s representatives contacted the employment tribunal on 4 October 2019 stating, inter alia, that prior to receiving the default Judgement of 9 September 2019, the respondent had not received any papers from the tribunal, the claimant or ACAS in respect of this matter and requested a reconsideration of the default judgement. The respondent’s full name was also clarified. The employment tribunal notes the claimant’s comments within his email 8 November 2019.[2]Although the original decision was made by Employment Judge Henry, it is not practicable for Employment Judge Henry to consider this reconsideration application. I have considered this application for a reconsideration in accordance with rule 72(3) of the Employment Tribunal rules. Case Number:3313327/2019 2 of 2[3]There is an underlying public policy principle in all proceedings of a judicial nature that there should be finality in litigation. Any reconsideration should be properly seen as limited exceptions to the general rule. However, in these circumstances, I accept on the balance of probability, that the respondent has not received the documentation as they have claimed. I have considered the written submissions made by both parties and conclude that it is necessary to set aside the default judgement in the interests of justice.[4]The claim will be re-served by the Employment Tribunal. __________________________ Employment Judge Skehan 04.12.19 Sent to the parties on: …………04.12.19…. For the Tribunal: ………………………….. Case No: 3313327/2019 EMPLOYMENT TRIBUNALS Claimant: Mr C O’Brien Respondent: Fuller, Smith & Turner PLC & Others