38 Days and No ET3 response

[JRBond]

It has been 38 days since the tribunal received my ET1 form. As my employer has not responded within the 28 days, I called Leeds ET to check if they'd received the ET3, and had there been some delay/backlog in sending it out to me? Leeds ET confirmed that the ET3 had not been received and that no extension had been requested either.

They said that I didn't need to take any action and my solicitor, who is supporting me, but not representing me, said to give it another 10 days before requesting a default judgement.

My question is, would there be any extenuating circumstances that the court might grant an extension request and would I be able to ask them not to grant an extension.

I have been through the ACAS early reconciliation process and got nowhere with my former employer, and I don't feel extremely charitable towards them, to give them unlimited time to respond.

When would it be reasonable to ask the court to make a default judgement and what would a default judgement look like in terms of settlement of my claim?

I hope this all makes sense, and I am happy to provide further information or clarification if necessary.

Thank you in advance for any advice given.

[ULA]

So you say that 38 days ago the ET received your claim form (ET1). Do you know when the ET then sent that together with the respondent form (ET3)? It may not have been immediately so yes the advice of your solicitor not representing you to wait a little longer is correct.

Yes, the Tribunal could grant an extension is an application to extend was made by the respondent.

If a response is not received then a Judge is entitled to issue a default judgment for liability and even remedy. However, they may decide a hearing still needs to take place and in this situation, while a respondent would be entitled to notice of any hearings and the ET’s decision, it will only be allowed to participate in any further hearing to the extent permitted by the judge. That said, respondents are usually allowed to make written or oral representations on remedy if a default judgment for liability has been issued. It would have to be an exceptional case that would justify the exclusion of the respondent

[JRBond]

ULA, Thanks for your reply. To clarify my situation, I think it best to put together a quick timeline of events:

14th Jan - ET1 Submitted to Leeds ET

1st March - Leeds ET confirmed receipt of ET1 and confirmed email copies had been sent to my employer.
The email outlined my employer had 28 days to respond.

11th April - I called Leeds ET and they confirmed my employer had not responded with ET3 within 28 days, nor had they applied for any extension within the allowed timeframe.

I appreciate the process is now governed by the judge and I will wait until Leeds ET contacts me. They did say during my call yesterday that I didn't need to do anything at all.

I was under the impression that my employers failure to respond, was default judgement in my favour and that their participation in the tribunal would be limited from here on in. I suppose what I'm asking is, is my case open and shut, a win and a guaranteed settlement of my claim?

The solicitor who has advised me throughout this case, intimated that the ET will "chase up" the respondent for the ET3, but Leeds ET made no assertions that they'd be chasing anything. I suspect I am now waiting to hear if the judge thinks my case needs a hearing or not?

This does seem like a waste of time, given my employer has failed to respond with the ET3?

[ULA]

No your case is not an "open and shut win" just because the respondent does not complete an ET3. A judge will review your claim and make a determination based on the available information or they may need to ask for further information.

If they cannot make a determination with the information that is when a hearing may be called. Also they may make a determination but then call a hearing for remedy.

The details of this are contained at section 21 of the Employment Tribunal Rules and Procedures.

[JRBond]

Thank you again for your reply. I will look at the ET rules and procedures for further information. Many thanks.