Application for a default judgment
When to make an application for a default judgment under Rule 21?
A “default judgment” or “judgment in default” is when the Employment Tribunal makes a ruling in your favour without your employer’s contribution. This usually happens if your employer has not done something they are supposed to do. For example, not responding to your claim within 28 days. Failing to do what they are supposed to do is the default. There are several grounds under which you can get a default judgment in the Employment Tribunal.
This template for an application for a default judgment, refers to correct legal rules and is framed to help you get a default judgment in your favour. It does not include guidance. For detailed guidance as well as an application template see How to apply for a default judgment in the Employment Tribunal
How to use the default judgment application template
- Make sure to read the guidance that comes with the template before you complete it.
- Email your application to the employment tribunal with the subject, your case name and number on the subject line.
- Send a copy to the other side and let the employment tribunal know that you have copied them in.
- The employment tribunal will acknowledge receipt immediately, but you must wait for a letter or email that confirms whether or not your application for a default judgment has been granted.
- Follow up by email if you have not heard from the employment tribunal within a reasonable period after sending your application. If you follow up by phone, still send an email reiterating that you have followed up by phone.