ET procedure

[redfox]

When the ET send the ET1 form to the respondent do they inform the claimant that it has been sent?I ask because i sent one in and phoned up as i had not heard anything to see if it had been sent to the respondent.It had been but i wasn't informed.The ET told me i would only hear from them if and when the respondents replies to the ET1.Is that the correct process?Thank you.

[ULA]

Yes that is correct.

The next you will hear anything from the Tribunal, assuming the respondent completes the ET3 in time (28 days) and does not ask for an extension, wlll be when you get a copy of the ET3 and any Grounds of Resistance (GoR) the respondent may provide.

I suggest that you read The Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013, which I have linked to below as this sets out the legal process that you are now in.

https://www.legislation.gov.uk/uksi/...chedule/1/made

Hope this helps but if you have any more questions or need any further advice as you continue with this process then please just come back to this thread.

[redfox]

Yes that is correct.

The next you will hear anything from the Tribunal, assuming the respondent completes the ET3 in time (28 days) and does not ask for an extension, wlll be when you get a copy of the ET3 and any Grounds of Resistance (GoR) the respondent may provide.

I suggest that you read The Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013, which I have linked to below as this sets out the legal process that you are now in.

https://www.legislation.gov.uk/uksi/...chedule/1/made

Hope this helps but if you have any more questions or need any further advice as you continue with this process then please just come back to this thread.

Thank you ULA

How keen are the ET about receiving the ET3 form on time?For example,say the form should be received by 19 May.And the form arrives on the 20th.Would the ET or judge still take that as being out of time if there was no explanation from the respondent?

[ULA]

The overriding objective is to enable Employment Tribunals to deal with cases fairly and justly, as such an ET3 being returned a day late is not likely to cause the case to be "struck out".

Plus with the backlog in the Tribunal system, even if it did come in on day 28, it is unlikely the response will be sent to you immediately.

[redfox]

Thanks ULA

I was asking because I keep reading about the ET timescales being very strict like being over 3 months less 1 day for your ET1 form being rejected even a day late etc

The ones I read are just over a minute past the deadline and another just 9 seconds

https://acuitylaw.com/time-limits-in...taken-lightly/

[ULA]

They are indeed strict on timescales but if the respondent can provide a reason for the short delay, then in the interests of dealing with cases fairly and justly, they would in all likelihood allow it to be processed.

[redfox]

I phoned to the tribunal for an update and have been told the respondent has'nt replied by the date specified. The person I spoke to said they were going to send it to a judge now. What happens then? How long does it take for the judge to look at it?

[ULA]

I presume that the Tribunal also confirmed that the Respondent has not asked for an extension to submit their ET3 response?

In this the case your claim will be put before an employment judge who can issue a judgment in respect of all or part of the claim you have made, to the extent that they consider it is possible to do so after reviewing all the available material. The options available to the tribunal in this situation, range from issuing a default judgment for liability and remedy to holding a hearing to decide the appropriate course of action.


The judge can also ask the parties to provide further information to assist them in making a decision on how to proceed. If the judge considers it is not possible to determine all or part of the claim from the available material, they will fix a hearing to be heard date, which you would be expected to attend. The Respondent would also be given the details of any hearings and decisions of the employment tribunal but will only be entitled to participate in any hearing to the extent permitted by the employment judge.

In terms of timescales then it could be many weeks before it gets to a judge and then it would depend on what comes actions they decide to take as a result of their review of the claim. If they decide a hearing is needed then given the backlog in the Tribunal system, the date for this could be a further several months "down track".

[redfox]

Thank you ULA, and the respondent hasn't asked for an extension

[redfox]

I presume that the Tribunal also confirmed that the Respondent has not asked for an extension to submit their ET3 response?

In this the case your claim will be put before an employment judge who can issue a judgment in respect of all or part of the claim you have made, to the extent that they consider it is possible to do so after reviewing all the available material. The options available to the tribunal in this situation, range from issuing a default judgment for liability and remedy to holding a hearing to decide the appropriate course of action.


The judge can also ask the parties to provide further information to assist them in making a decision on how to proceed. If the judge considers it is not possible to determine all or part of the claim from the available material, they will fix a hearing to be heard date, which you would be expected to attend. The Respondent would also be given the details of any hearings and decisions of the employment tribunal but will only be entitled to participate in any hearing to the extent permitted by the employment judge.

In terms of timescales then it could be many weeks before it gets to a judge and then it would depend on what comes actions they decide to take as a result of their review of the claim. If they decide a hearing is needed then given the backlog in the Tribunal system, the date for this could be a further several months "down track".

Could I provide the tribunal now with further information now, without being asked, to help the E. J. come to a decision (copy's of emails, contract of employment etc) or am I better waiting to see if the EJ asks me?

[ULA]

You are waiting to hear from the Tribunal as to what the next stage will be. Unfortunately this is not a process you can "hurry along" you are at the pace of the Tribunal.

[redfox]

TBH i was asking about doing that to try to help the EJ make a decision early. Personally I'm not that bothered how long it takes.

[ULA]

If the EJ needs further information they will ask and it might be that they are specific about what they need. It may also be that they decide on the next steps without such a request

[redfox]

If an employer decides to deduct an amount from your salary on a particular month, does the employer have to inform you in writing before the deduction takes place and you agree?And your contract of employment doesn't specifically allows a deduction. It says on the Acas site that ' When your employer can make deductions

Your employer can only make a deduction from your pay if:

• your contract specifically allows the deduction
• it was agreed in writing beforehand

Amongst other reasons but none of those are relevant.

https://www.acas.org.uk/check-if-you...rom-your-wages

[ULA]

In addition to the two reasons, you have stated an employer can also make deductions if:

1. They have overpaid you by mistake
2. There is a legal requirement, e.g. income tax or a court order
3. You missed work because you were on strike or taking industrial action

If none of these further reasons apply, then I think you will need to be more specific about the deduction that has been.

Also, at the time the deduction was made did you ask your employer about it and what was their response?