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[legalwoo]

Hi, I have submitted my first case about a month ago now. I have not heard anything from the employment tribunal and they are not answering email or telephone. Is this normal? I understand that there is quite a large backlog but it is impossible to use the system. Can the ET be held accountable for such long delays?

In addition I have sent the claim form to the respondent but they do not respond and it is not possible to contact them except by post.

[ULA]

At the moment the Tribunals are running with a big backlog. I know that you can eventually get through to them on the telephone if you are either prepared to let it ring for a long time or keep trying. Emails are taking a length of time to be responded to also.

When the Tribunal has reviewed your ET1 they will send a copy of this to the respondent together with the ET3 which, if the respondent wants to defend the claim, they need to complete ensuring their reponse arrives at the tribunal office within 28 days of the date on which it was sent out.

[legalwoo]

Given ET delays how are claimants to make an application for interim relief given the time limit of 7 days after having been dismissed.

I did try to contact the tribunal by email but they have not responded and I believe my claim was submitted on time.

[ULA]

There are only certain forms of alleged dismissal that provide for an interim relief application so your situation must fit within that narrowly defined category of dismissal.

As you point out this application must be made within 7 days of the dismissal. Given that claimants have a strict deadline to adhere to, the requirement on the Tribunals to determine an application for interim relief is "as soon as practicable after receiving the application."

Unfortuately, given the current circumstances, it may in fact take quite a long time before such an application can be determined.

[des8]

Regarding ET delays
I was recently involved in a case where a two month postponement to a certain date for filing certain documents was requested.
Permission was received.... three weeks after that date had passed.

[legalwoo]

It appears the application for interim relief itself must be made within 7 days of the effective termination date.

Now I discovered that the application must be included on the original ET1 form.

I sent the application as an email request and it was 14 days after the effective termination date.

So I appear to have missed out on that opportunity. Perhaps that is why the ET did not respond.

Slightly absurd though that interim relief is an equitable remedy but the time restrictions on it are so unforgiving.

Oh well.

[ULA]

Yes as per post #4 the deadlines for submitting an interim relief by way of the ET1, which provides for you to tick the appropriate box, are very specific to that 7 days period becasue a person is effectively aplying to continue the employment contract until after a tribunal has decided a case of unfair dismissal in one of the narrowly defined categories.

As we know there is a real backlog and tribunals tend to operate a process of date order review of correspondence that come into them. You may still hear from them but it might be to confirm that your application for interm relief was out of time.

des8 really not surprised to hear about your actualy experience and confirms just how backlogged the system is and the current increase in ET claims being made is not going to help.