Extension of time ET3

[Anna1962]

Going to employment tribunal ion 05/08/2024 respondent requested extension for ET3 the day before it was due. We requested it was disallowed. 6 weeks later we got the ET3, so do we just assume it was allowed as have not been formally told.

[ULA]

Were you copied into the submission of the ET3 by the respondent when they sent it to the Tribunal, or have you been sent a cooy by the Tribunal?

[Anna1962]

We were sent it by the tribunal but never been advised if the extension was accepted.

[ULA]

It is highly likely of your have received the ET3 that is has been accepted by the Tribunal. However it still may be that an Employment Tribunal Judge will need to consider the claim and the response. The Judge will then decide whether to strike out any element of the claim or response and will make case management orders in order to provide a timetable for the claim.

[Anna1962]

We have case management orders and a hearing date for 05/08/2024 so do you think we should assume a judge has granted the extension.

[ULA]

Yes if you have the ET3 and case management orders from the tribunal then the respondents defence has been accepted.

[Anna1962]

Thank you, seems really unfair that we have stuck to all timings but they get an extension for ET3, when requesting 24 hours before deadline. We had no preliminary hearing and no notice that it had been allowed.

[ULA]

There would not be a preliminary hearing in respect of a respondent's request to extend the deadline for submitting the ET3. A judge would have looked at their request to extend and yours to disallow and made a decision.

Given that the respondent has made the request before the deadline (albeit 24 hours before) in the interest of justice to would have been highly unlikely for the Judge not to have agreed and extension.