ET3 case number

[Jamclock]

Hello All,

My claim was struck out by an unless order 2 years ago.

I applied to the EAT but my application was not filed in time or on the correct forms although quickly rectified.

At the EAT in February I lost that appeal and I am now applying to the court of appeal.

On going through all the documents surrounding the case, this week I have noticed that the ET3 submitted by the respondent has the incorrect case number on it.

Bearing in mind the ET3 was submitted and accepted by the Tribunal in October 2020 after some suspect delay in which the respondent states the the claim was only submitted to them 5 days before a response was due.

They were aware the claim was coming some two months before after the refused conciliation and were copied into Tribunal correspondence with the claim number attached.

The respondents representative made supposed attempts to get information about this claim from the Tribunal by email and phone but apparently received no response and although their office is about a 20 minute walk from the Tribunal building in those two months they never went there to investigate or complain about correspondence.

This was my second case against this respondent hence there are two case numbers and they pulled the same stunt in the process for the first case.

The ET3 form they provided for the second case had the number of the first case inserted although the ET3 rider was for the second case.

So my questions are bearing in mind that I have felt the brunt of the ET and EAT for not submitting the correct documentation.

Is their ET3 error subject to the same sanctions as would my ET1 would be if it was incorrect in anyway?

Is submitting the ET3 with the wrong case number the same as if no response was submitted?

Is the denial of my EC number and requesting proof of certificate legal?

Can a default Judgement be entered against the Respondents for this error at this late stage?

Can this nullify the Unless order used to strike out my case?

Can this overturn any EAT ruling on this case?

Can this pause or stop the process to the Court of Appeal?

Is this in the overriding objective concerning justice and costs?

This has been a hard three years of fighting this and I am hoping this may shine a light for myself because the way the respondent and its representatives have acted has been awful.

Thank you for reading and any answers you provide.

[ULA]

What date did you get notified you had lost at the EAT?

Have you asked for permission from the EAT to appeal? If so have they said no and on what date did they say this?

[Jamclock]

In March, I was informed by the EAT. The application to the Court of Appeal is at bundle stage.

[ULA]

Are you now in the process of preparing your bundle for a hearing? I presume you have been given leave to appeal to the Court of Appeal?

In a succinct answer to all your questions, completing the ET3 with an incorrect case number, which may well have been in error, does not undo all that has transpired in the claim subsequently either at the ET or the EAT.