Review procedure

Case 7: The facts

Mr Hayward’s employer did not submit a response to his unfair dismissal claim, having made a commercial decision not to defend it in the mistaken belief that he was claiming £300. Just before the hearing, it learned from the conciliation service ACAS that the claim was for around £15,000.

Hayward’s claim was dealt with as a default judgment and succeeded. The employer’s solicitor made a verbal application for a review of the judgment, which the tribunal refused.

The ruling

The Employment Appeal Tribunal held that the tribunal was not entitled to consider a request for a review that had only been made verbally, and had therefore been wrong to reject it.

It ordered that the employer should make a written application, which should be sent to a different chair to consider whether it was just and equitable to extend the time limit for submitting the response – and, if so, whether to set aside the judgment.

Direct Timber Ltd v Hayward UKEAT/0646/05