In this case at the EAT, The Respondent did not lodge a response in time and the Tribunal granted a default Judgment. The Respondent applied for a review of that decision, but did not attend the review hearing. The Tribunal upheld the default judgment and ordered the Respondent to pay the Claimant’s legal costs of £4,744.06 (more than the amount the Claimant claimed in the first place!).
The Respondent appealed, but did this 4 days late. He accepted there was no reason for this lateness and his appeal was dismissed. Not only was the appeal dismissed, but another costs order was made against him by the EAT!
So the Respondent:
- Failed to pay holiday and notice pay to the Claimant
- Didn’t turn up to the Tribunal hearing
- Didn’t turn up for the review he requested
- Appealed to the EAT out of time
Not surprising he ended up paying more in costs than the claim was worth in the first place, although I was shocked by the £3k fee the Respondent was quoted for a simple review hearing – we would conduct such a hearing much more cost effectively by about half!