Eaton v Spencer & Ors (t/a Wiggles Experience (A Firm) - Default judgement: Scope as to challenge on liability [2011] EAT

Where a default judgment is issued that determines only liability, an employment tribunal cannot effectively reconsider liability issues at a subsequent remedies hearing. The default judgment will have established liability as the claimant has alleged, and this is not now open to challenge; that liability must be the basis of compensation calculations

Homosexual Mr Eaton was a manager at a gay nightclub called Bent. When Mr Spencer and his partners took the club over they renamed it and promoted it as a heterosexual venue; Mr Eaton's employment transferred to Wiggles under TUPE. Mr Eaton was dismissed and claimed unfair dismissal and discrimination on grounds of sexual orientation. No Response was lodged and a default judgment was issued by the Employment Tribunal in Mr Eaton's favour under ET Rules 2004 Rule 8. Mr Spence and his partners did not attend the remedies hearing.

The full content of this page is available to subscribers only. Please purchase a subscription if you feel this content will be of use to you.

Login or subscribe (includes subscription information) to access the full content of this page.