ET3 question

[FlamingJayne]

Hi

i am in the process of an ET claim for constructive unfair dismissal and discrimination (disability). I am being represented by my Trade Union, who advise that it is a strong claim. My grounds for complaint, without going into detail, focussed on factual information, in respect of a number of counts, which I have evidence of. A preliminary hearing date has been set for early next year.
We are now almost a week past the 28 day deadline for the respondent submitting an ET3 and I haven’t heard a thing since my claim was logged. My representative told me that they would contact me if a response came and I’m aware that we would need to be asked if the respondent had requested an extension.
I am aware of delays with the process and also that the Judge would make a default judgement in the event an ET3 is not submitted.
The whole experience leading to this had a particularly traumatic impact on me which I am still recovering from. So, ahead of attempting to contact my very busy union rep, or the tribunal clerk, I wanted to try and find out if there are delays with logging ET3s or when may be a reasonable amount of time to wait before presuming that there is likely no response and my claim has been forwarded to a judge. Thanks!

[ULA]

So the one thing to say is that the Tribunal service is very back logged currently. What will have to happen is that if the respondent has sent in the completed ET3, it will need to be processed, copied and then sent out to you. Which could take a few weeks. In addition if nothing has arrived and the deadline has passed then the ET may send out a further form to the respondent, in the event it may not have been received. The Tribunal err on the side of giving the respondent every opportunity to defend a claim.

I would suggest leave it at least a couple of weeks from the deadline and then be prepared to wait on the phone to be answered and ask the Tribunal what is happening. Also it is Christmas and the Court/Tribunals tend to run on skeleton staff over this period, another thing to be mindful of.