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theronstar

Employment Tribunal

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I filed an ET1 outside of the three month period and the ET accepted my claim.

 

They served it on my former employer but 28 days has now lapsed and they have not heard anything from the other side.

 

The Clerk has passed my file to the judge for consideration.

 

What I am wondering is whether my former employer could still likely get my claim struck out for being late?

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Yes, they could. The judge would also usually strike it out for the same reasons unless you had a really good reason why you were late filing.


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If the judge was going to strike it out, why would they not have done so at the time I filed it, as opposed to setting a date for a preliminary hearing? It just feels like they would be creating unnecessary work for themselves?

 

 

Can my former employer attempt to strike me out without ever submitting an ET3 to rebut my claim?

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