In Potter v Sound Control Modern Music Stores Ltd (in Administration) the EAT have confirmed that if a Respondent fails to present a response within the 28 day time limit, it is open to the Tribunal to enter judgment against the Respondent. Nothing new there.
The EAT also overturned the Tribunal’s decision to enter judgment against part of the Claimant’s claim without hearing the claim on its merits. This goes beyond its power relating to default judgments. To decide otherwise would leave the Claimant worse off than if the Tribunal had not considered a default judgement at all.