ET Claim no response

[ElisaWell]

Hi,

I'd need some advise please.
I submitted an ET1 and an ET3 should have been submitted 3 weeks ago. The tribunal says that so far they have not received anything but there are records that the ET1 has been received by the respondent. What can I expect from here ? I've heard they can get involved at a later stage even if an ET3 has not been submitted, is this correct ?

[ostell]

Duplicate thread

[ElisaWell]

Hi,
I posted this same message in another section by mistake. Can you please delete that one and consider this

[ULA]

If your employer does not respond, the employment tribunal might make a judgment on your case that is automatically in your favour. This is called a default judgment.

However, your employer even it they are out of time can send a completed ET3 to the employment tribunal with an application for an extension of time along with an application for a review of the default judgment on the basis the tribunal may have already made a decision. When making the application, the employer must send a copy to you and you have the opportunnity to oppose the application by giving written reasons for doing so within seven days of receiving it.

Under rule 21 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 (SI 2013/1237), if no response has been presented to the employment tribunal within the relevant time limit, an employment judge may issue a judgment on the information available, or may decide to hold a hearing. The judge will decide whether or not the respondent will be permitted to participate to any extent in the hearing. If the tribunal agrees to extend the time limit following an application from the employer, any judgment made under rule 21 as a result of the employer missing the original deadline will be set aside.

[ElisaWell]

Thank you Ula. Very helpful.