response to tribunal claim

[noname84]

hi all, my employment tribunal claim has been accepted, the response from the business was due a few days ago, I have yet to see/hear anything what are the normal timescales for this? I assume the tribunal sends this onto me but how do i know if it was sent in before the due date etc?

[SweetLorraine]

The ET service will send this onto you. The business (the respondent) has 28 days or so to submit a response - but then there may be additional time before it gets forwarded to you via the ET service - especially if the response is only submitted at the last moment. The respondent can request an extension to the deadline - but the ET service should have informed you of that request in order to see if you would consent to such an extension.

 

Worth contacting the ET service if you still don't see anything in the next few days though! Can't hurt to ask. All the best.

[lbruk]

If you phone the ET they may well email it to you, thats what I did. An actual paper copy from the tribunal was not sent to me until about 6 weeks after the deadline date.

[becky2585]

I would contact the ET to make sure it's been filed, but it may take around a month to be sent to you if the ET is busy!

[charlie's cat]

Give them a call today and they will tell you if and when it was received, or whether they have requested an extension.

[noname84]

Hi All

 

they have received the et3 form, but had an email today directly from the respondant solitor asking me if i would agree to move all other dates and push back by 1 month, i havent agreed to this due to the ongoing situation. what does this mean?

sorry for spellings on my phone!

[SweetLorraine]

Hi,

 

when you write that 'they' have received the ET3 form are you writing about the repsondent or the tribunal service?

 

Either way - if you are still in the (relatively) early stages of an ET - i.e submited an ET1 and the repondent has just recieved or submited their ET3 reponse - I'm not clear as to what other ET deadlines could be in place yet? Could you clarify please?

[noname84]

Hello

 

Sorry to confirm the tribunal have recieved the ET3 form from the respondent so waiting for that to be sent onto me. In my origanial letter from the tribunal they have given me set dates to when I need too have sent to the respondent and vice versa things like statement of loss, statement, list of evidence to use etc this has all been set down until the date of the hearing. I recieved from the respondent solicitor asking me to agree to moving the dates back to give them more time, I have been waiting for a response to my appeal which still is yet to arrive. This is why I don't feel I should agree to this change. I have met all timescales.

[becky2585]

No, I see no reason why theyd even request such a change so i would refuse too!

[SweetLorraine]

You are awaiting the result of your appeal? I take it that you mean an outcome letter from an internal appeal hearing (which usually is the last stage of the internal grievance process)?

[noname84]

Yes that's right u had to log the unfair dismissal due to dates

[noname84]

Sorry I had too

[lbruk]

There is no reason for you to agree the delay. If you're are ET3 stage then the judge has not even set a date for anything. I'd say refuse, unless they can supply you with a good reason.

 

Be strong against their solicitor as they will push you to do things in their timeframe, rather than the tribunals. Just adhere to the tribunals dates and you'll be fine and don't be pushed about by the respondents solicitor. I drive my respondents solicitor mad!

[noname84]

Yes I said no , altough I have Lresdy been given a date for the hearing and dates to submit all paperwork before they have seen the ET3 they set all this on response to my ET1

[SweetLorraine]

Ah right.

 

Well, my employer/respondent requested a one month extension to complete their ET3 response when I started out. My solicitor advised that I agreed to that request - which I did. Didn't seem to do any harm - I just had to wait a little longer for the contrived denial they were probably going to trot out anyway! If anything, giving them more time, may have resulted in them producing a more convoluted/unbelievable 'defence' than they might otherwise have done!

 

Given the time that may lapse until you get to tribunal a month may not make much difference to the hearing date. If you haven't had your outcome letter from the appeal yet it may also benefit you to have that document before you proceeed much further perhaps?

 

It is your call - but what would be the real benefit to you to refuse such an extension? What happens if you need to request an extension at a later date yourself and the respondent says no (in retaliation to your refusal to their extension)?

 

I get the impression that thr tribunal service see a lot of delays/extensions etc; - it may all be an expected part of the process. I was told by the employment judge who held my CMD hearing that there can even be wars over what goes into the bundle as evidence!!! At the time I (naively) thought it was a throwaway quip to lighten the mood of the meeting (fool that I am!). Now I am a little further down the road with my ET I have to say that is true - my respondent has tried tricks to restrict some of the documentary evidence going into the bundle.

 

Do you know why they want an extension? (If I may play devil's advocate for a moment) They may have reasonable grounds for such a request. .

[noname84]

All they said was because the internal appeal process hadn't been completed and Easter. Funny enough I went back and didn't agree to the extension and 3 hours later I get my appeal response which is full of utter madness and non truth I don't think I will win my case altough I should I should have never been sacked anyway that's how things are.

[SweetLorraine]

Good luck with it all. I hope you draw strength from the thought that if they are producing nonsense already, imagine how it will hold up under oath before an employment judge and panel. It can be unsettling initially - but after a couple of readings of their statement and some reflection you might feel even more confident about a win. Might be worth having a look at this website - etclaims.com. Plenty of advice on there. The book the website supports (by N. Cunningham) is really useful as well - it has helped calm me down a few times when I need a steer on what I need to do next!

[beachblue23]

Its worth giving ET an ring or an email, if they are late in sending a response it may prove to be helpful when submitting documents for the case. My advise is be over prepared and then you have everything ready when any questions are asked. Best of luck with it hope you get a great result!

[noname84]

Finally recieved the list of evidence from the respondent today most of which I expected I have asked for a full copy of everything I notice however a couple of investigation meeting minutes with people I've never heard off and which have never formed part of or been spoken about in any meetings I've had which I'm finding really odd anyone heard off this? I guess I'll have to wait until the pack arrives but still odd

[SweetLorraine]

Hmmm, wait and see. Don't worry it might be nothing of consequence. Whatever it is bear in mind the strength (and focus) of your complaint - and therefore how relevant/strong are the words of such 'strangers' to the complaint.

[noname84]

Oh my goodness recieved a letter from the respondents solicitor without preduice asking me to withdraw as they feel my case is weak and I could incur costs etc is this scare tactics and normal or am I really flogging a dead horse here!

[lbruk]

Its normal, ignore it, its not their place to judge the merits of your case, thats what the tribunal is for!

[charlie's cat]

You obviously have a good enough claim if they are now using scare tactics against you.

 

Politely refuse and sit back.

 

Expect the next lot of communication to include an out of court settlement offer.

[becky2585]

It depends - if you actually have a good case, its scare tactics.

 

If you don't, then they are right in that continuing to pursue the claim could mean a costs award in their favour at the end. Even if you don't want to pay for legal representation, I'd speak to someone just to see whether it is a case worth pursuing.

[lbruk]

Stay strong, read this additional evidence and see if there is anything in there that could help you!