News and Insights

The Jersey Employment and Discrimination Tribunal refused an employer’s application to set aside a default judgement after the employer failed to respond to claims for unpaid wages and breaches of statutory employment documentation requirements.

The Tribunal found that the Respondent had been properly notified and had no reasonably arguable defence. The Respondent’s allegation that the Claimant was a contractor and not an employee was unsupported by evidence and the application to set aside the judgment had been made out of time without explanation. The default judgement requiring payment of £3,724 to the Claimant therefore remained. 

Importance of the judgement

The decision demonstrates the Tribunal’s strict requirements in terms of procedural compliance, making it clear that parties who fail to engage with proceedings do so at risk. It confirms that default judgements will only be set aside in exceptional circumstances and that generalised, unsupported allegations may not constitute an arguable defence. 

The case also underlines the mandatory provisions of the Employment (Jersey) Law 2003 in relation to written employment terms and payslips and the Tribunal’s readiness to award statutory compensation for non-compliance, even when the underlying sums are not of high value. 

Finally, it demonstrates the Tribunal’s focus on fairness and access to justice, highlighting the significant impact on employees who are unpaid or financially vulnerable, and sends a clear message that administrative failings and late engagement by employers will be rarely excused.