No ET3 Response

[WolfBite]

Hi everyone

I hope everybody that comes across this post is safe and well during this pandemic.*

I recently started tribunal proceedings against my former employee for constructive dismissal and discrimination. My ET1 was sent to my employer and I received an acknowledgement of my claim by the tribunal service on March 30th.

I haven’t heard back with an ET3 response and I’m aware the 28 day deadline has now lapsed as of yesterday. No request for an extension was made to my knowledge.

Whilst I realise I may not have been forwarded a response yet, how long after the 28 days have lapsed would you usually hear from the tribunal service? Does it often take much longer than the 28 days for them to forward an ET3 response? (current circumstances with the pandemic not withstanding).

If in the event an ET3 has not been filed with the tribunal, how long would it be until a judge considers issuing a default judgement?

Thanks so much everyone! Stay safe

[ULA]

Once the ET3 has been sent the Tribunal, the Tribunal will send a copy to you the claimant or your solicitor. Sometimes but at this stage not a requirement, the respondent will send a copy of the ET3 direct to the claimant or their solicitor.

Given that the deadline for receipt of the ET3 by the tribunal was yesterday then in the normal course of events it will take a few days for a copy to be sent to you. Since we are in an unprecedented time and I know that the courts and tribunals have been consolidated into fewer buildings for public safety reasons, it may well take longer for documents to be processed. I would give it a few more days, maybe even a week, before phoning the tribunal to confirm whether the ET3 has been received or alternatively an extension of time requested by the respondent.

There are no set timescales for a judge to consider the claim without receipt of an ET3, it tends to be dependent on which Tribunal your claim has gone to and how efficient they are. Again, given the current situation I would not want to estimate how long it may take for consideration to happen if the ET3 is not submitted. However if you establish that is has not when you call the Tribunal and that an extension of time has not been requested either, then you can ask if they have any estimate of timescales when the case may be reviewed by a judge.

Sorry the answer is so vague but that is the nature of the situation we are living through at the moment.*
*

[WolfBite]

Thank you so much ULA! I really appreciate your kind advice!

It’s very peculiar times that we’re living in indeed. You’ve confirmed what I suspected would be the case in all honesty.*

I’ll contact my local tribunal service some time next week if I haven’t heard back sooner and will provide an update here in this forum for anybody that might be interested in the same topic.

Thanks again!

[ULA]

We are always interested in updates and hearing how people are getting on

You also know where to come if you have any more questions regarding your claim.*

[WolfBite]

We are always interested in updates and hearing how people are getting on

You also know where to come if you have any more questions regarding your claim.*

Hi!

So sorry for the delay. As it turns out I only received my ET3 response today. The respondent filed it in time but for reasons unknown to me, I didn't receive a copy until I requested it following notification of the case management hearing.

I wonder if I could ask a follow up question?

One of the key parts of my claim relates to acts of bullying related to my disability that took place over a number of years.

The respondent states that "The tribunal does not have jurisdiction to hear any claim which pre-dates **12 November 10**, being the date 3 months before the claimant contacted ACAS for early conciliation in respect of his claims, under secant 123(1)(a) of the Equality Act 2010.

Essentially out of fear of retaliation (I saw somebody face retaliation when they tried to speak up) and the fact that I genuinely loved my job and the company (just not the individual that was harassing me), I didn't report each individual incident at the time.

This was an extended campaign over five years and eventually one day I snapped and couldn't cope anymore and finally realised that I had to learn to love myself and my health more than my job.

Does the tribunal have the ability to take this into consideration?

Thanks!

[ULA]

Perhaps look at section 123(3)(a) which relates to conduct extending over a period of time.

https://www.legislation.gov.uk/ukpga...15/section/123

[Yaro]

Once the ET3 has been sent the Tribunal, the Tribunal will send a copy to you the claimant or your solicitor. Sometimes but at this stage not a requirement, the respondent will send a copy of the ET3 direct to the claimant or their solicitor.

Given that the deadline for receipt of the ET3 by the tribunal was yesterday then in the normal course of events it will take a few days for a copy to be sent to you. Since we are in an unprecedented time and I know that the courts and tribunals have been consolidated into fewer buildings for public safety reasons, it may well take longer for documents to be processed. I would give it a few more days, maybe even a week, before phoning the tribunal to confirm whether the ET3 has been received or alternatively an extension of time requested by the respondent.

There are no set timescales for a judge to consider the claim without receipt of an ET3, it tends to be dependent on which Tribunal your claim has gone to and how efficient they are. Again, given the current situation I would not want to estimate how long it may take for consideration to happen if the ET3 is not submitted. However if you establish that is has not when you call the Tribunal and that an extension of time has not been requested either, then you can ask if they have any estimate of timescales when the case may be reviewed by a judge.

Sorry the answer is so vague but that is the nature of the situation we are living through at the moment.*
*

What about no ET3? I applied for strike out, got PH tomorrow

[ULA]

Yaro can i advise that you start your own thread if you need any further advice after your PH today.