Representation:

1. when an employer has been debarred (under rule 9 of the Employment Tribunal Rules of Procedure) from taking part in proceedings because he failed to make a proper response to a claim within the permitted time limit or because his response did not contain the required information he may only request 'reasons' of a judgment from the Employment Tribunal for the purpose of an application for review and not for any other purpose, such as for the purpose of considering an appeal.

2. due to the draconian effect of an order under rule 9, a Tribunal should consider whether the consequences of making such an order might be disproportionate (in this case, preventing the employer appealing against the amount of an award as well as against liability).

editor's notes:
at a subsequent hearing the EAT remitted the assessment of compensation to a fresh tribunal as the original tribunal had failed properly to consider the possibility of a Polkey reduction, a failure which was particularly serious given that the employer had been disbarred from taking part in the original proceedings (see NSM Music Ltd. v Leefe - EAT on 20th June 2006).

For relevant general notes see Procedure of Employment Tribunals/2004 rules/rule 08 - default judgments and/or Procedure of Employment Tribunals/2004 rules/rule 09 - taking no further part in the proceedings .