Postponement

[Logitech25]

I have made a claim in breach of contract. Breach was last year so the whole process of grievance, appeal etc has lasted a while. I no longer work there. Current tribunal date is set for end of August and ET3 due early Aug. Ex employer has asked to postpone due to holidays and as the ET3 is not submitted yet. I however, have a preference to get this wrapped up before holidays so I can stop thinking about it and try and relax. What are the pros and cons of postponement? It would only be just over 3 weeks between ET3 and tribunal if we don't postpone - does this give enough time for conciliation, preparation etc?

[echat11]

ULA Could you kindly take a look please.

[atticus]

The timetable looks remarkably short. How did it come about?

[Sky90]

It seems odd that you would have a tribunal date when the ET3 hadn’t been submitted yet. Do you have a preliminary hearing booked? If so, this would be different to the actual tribunal. Unfortunately employment tribunals can be a long and difficult process.

[ULA]

As the above posters have stated I have never hear of a hearing date being set without the submission of an ET3. Is the hearing date what us known as a Preliminary Hearing?

When did you submit your ET1?

Clarification on timescales would be much appreciated to be able to help further

[Logitech25]

Thanks all - it's a notice of hearing (CVP) at end of August. The ET1 was submitted early/mid June and ET3 due 7.5 weeks after that. Hearing currently due 3.5 weeks after ET3. ULA Sky90

[Logitech25]

Just to add, the correspondence also states "If this notice has been issued before receipt of the (Form ET3) response, an Employment Judge will review the hearing date and any orders made after it has been received".

[atticus]

Well there you are. A Judge will review the hearing date. Odds are it will be put back.

[ULA]

So the timescales are that the ET3 needs to be submitted by the respondent within 28 days from the date the tribunal sent them a copy of your ET1. It will depend on how quickly the Tribunal sent out the employer's pack, including the ET1 form, after receiving it from you.

If the ET3 has not yet been returned and the video link (CVP) hearing date is only 3 weeks away then it is highly unlikely that this will take place and you will be sent a new date. I am assuming that the hearing has been defined as a Preliminary Hearing (PHR)? If so then you are preparing for a hearing that is to determine the facts of the claim, it also helps to familiarise the tribunal with the case and enables the tribunal judge to give directions to both parties on what more they have to do to get ready for the final tribunal hearing. It is typically at this stage that the Case Management Order (CMO) will de determined, which an Order setting out the timescale for exchange of document, creation of the bundle to be used at the hearing and exchange of witness statements.

[Logitech25]

So the timescales are that the ET3 needs to be submitted by the respondent within 28 days from the date the tribunal sent them a copy of your ET1. It will depend on how quickly the Tribunal sent out the employer's pack, including the ET1 form, after receiving it from you.

If the ET3 has not yet been returned and the video link (CVP) hearing date is only 3 weeks away then it is highly unlikely that this will take place and you will be sent a new date. I am assuming that the hearing has been defined as a Preliminary Hearing (PHR)? If so then you are preparing for a hearing that is to determine the facts of the claim, it also helps to familiarise the tribunal with the case and enables the tribunal judge to give directions to both parties on what more they have to do to get ready for the final tribunal hearing. It is typically at this stage that the Case Management Order (CMO) will de determined, which an Order setting out the timescale for exchange of document, creation of the bundle to be used at the hearing and exchange of witness statements.

Thanks for the info. I don't think it is a PHR as it says "The hearing has been allocated 2 Hours to hear the evidence and decide the claim, including remedy (if appropriate) or such parts of the claim as remain outstanding following initial consideration or any preliminary hearing". I guess it will be postponed in any event? The other side have requested a postponement and I have been asked for my comments. Given it sounds likely to be postponed anyway, I assume I should agree to this?

[ULA]

You need time to prepare and without sight of the ET3 as yet, that would be difficult to do, so I would suggest you give consideration to agree with the respondent and ask for an adjournment.

[Logitech25]

You need time to prepare and without sight of the ET3 as yet, that would be difficult to do, so I would suggest you give consideration to agree with the respondent and ask for an adjournment.

Thanks. I would currently have 3 weeks to prepare following receipt of the ET3. Would you suggest longer is needed? Thanks

[atticus]

In nearly all cases, the ET1 and ETŁ between them set out the parties' positions and identify the questions that the Judge will have to decide.

The parties will then have to exchange their evidence. This usually includes locating and collating all relevant documents (this can include electronic/digital documents such as emails and WhatsApp/text messages etc). They also have to prepare and exchange written statements of the evidence that will be given by all witnesses (not just 'independent' people - you yourself will be a witness on your side).

After that you want to prepare for the hearing - getting on top of every document, every statement, knowing what questions you want to ask and what points you want to make.

You will not thank us for saying that doing that all in 3 weeks is easy, because it is not.

And you already know that people involved on the other side are going to be on holiday. That happens at this time of year.

[Logitech25]

In nearly all cases, the ET1 and ETŁ between them set out the parties' positions and identify the questions that the Judge will have to decide.

The parties will then have to exchange their evidence. This usually includes locating and collating all relevant documents (this can include electronic/digital documents such as emails and WhatsApp/text messages etc). They also have to prepare and exchange written statements of the evidence that will be given by all witnesses (not just 'independent' people - you yourself will be a witness on your side).

After that you want to prepare for the hearing - getting on top of every document, every statement, knowing what questions you want to ask and what points you want to make.

You will not thank us for saying that doing that all in 3 weeks is easy, because it is not.

And you already know that people involved on the other side are going to be on holiday. That happens at this time of year.

Thanks for your detailed response I have collated a lot of this evidence as part of the grievance and appeal process but I appreciate that having it all in the right place and right format will be a big job! Thank you.