Advice needed for employer delay in claim

[gopi]

I was not paid for the final month salary and holiday pay by my previous employer and I had submitted to employment tribunal for claim.

The employer is playing a ploy of DELAY. First he said that the claim has been sent to incorrect address and gave ET his new address. Now after the period for response expired and default judgement given, again he is saying I never received the claim form from ET and asking for more time.

I am sure the next step would be saying "I sent response but you didn't receive". What should I do for counter this ploy by the employer? Pl. help.

[paulgmb]

This would be up to the tribunal to take a view on. If he hasn't responded by the deadline then they can either agree an extension or issue a default judgement. The tribunal should also take into account your views on this.

 

What has the tribunal said about this?

 

Regards,

 

Paul.

[gopi]

Thanks Paul.

 

Tribunal has again sent him the claim form and response form to fill in, along with copy of default judgement. However there is no time limit specified in the letter. Is it 14 days for him to respond or 42 days to appeal against default judgement?

Could I write letter to ET for not extending any more timeline for the response as the employer is purposefully delaying the process.

[paulgmb]

I'm unsure what the time limits are in this situation but the tribunal office should be able to advise.

 

You can object to the tribunals decision to extend the deadline. Were you consulted about this?

 

What does the default judgement say, have they made you an award?

 

I would wait and see if he responds this time which I strongly suspect he will. If he doesn't then you really should object. Do you have anyone acting for you? If so it might be worth asking them to see if the other side are prepared to settle out of court.

 

Good luck,

 

Paul.

[gopi]

The Tribunal has made the award for the money I claimed. I was not consulted reagrding extending the dead line. There is no specific timeline specified in the letter. I would wait for some time and write to tribunal. I do not have anyone representing me at the moment.

 

Rgds,

Gopi

[hanzo]

He can only ask for an extension of time before the time limit expires. What he now has to do is request a review of the decision to grant a default judgement. This would necessitate a pre-hearing review at which you could both appear. The test is whether it would be in the interests of justice to strike the default judgement. The Judge will consider why the response was late, whether there is a stateable defence, and the prejudice that would be suffered by each party in either upholding or withdrawing the default judgement.

You should have been sent a booklet with the notice of judgement explaining how long you have to wait for an extract of the judgement. Once this time is up and if you have not heard anything from the tribunal, request the extract immediately then turn the matter over to bailiffs.