American E-Z Self Storage Ltd v Prince - Despite default judgement, tribunal should still have considered proportionality of allowing participation in remedies hearing [2008] EAT

Mr Prince was dismissed after 9 months' employment. He claimed unfair dismissal on health & safety grounds. Although American responded to a second (discrimination) claim which was subsequently not pursued, it failed to respond to the dismissal claim. Judgment against them was entered in default.

American then sought a Review, explaining its failure and enclosing a response (claiming that in fact Mr Prince was redundant). An employment judge, however, concluded that no application to extend time to admit that response was made, and refused the Review. American appealed.