In this case at the EAT, an employer had a narrow escape from not being allowed to defend an Employment Tribunal complaint against it because it sent an e-mail intending to present a Response (in time) but in fact presenting an unrelated document because the wrong file was attached to the e-mail.

The correct document was presented late. The Employment Tribunal refused to set aside the default judgment, but on appeal the EAT reversed this decision on the basis that the Tribunal failed to take in to account the fact that the employer had reasonable prospects of defending the complaint against him.