ET3 response

[Presonus]

Good morning all,

Just a quick procedural question about the tribunal process, when you submit a ET1 and it is accepted by the court, my understanding is the ET1 is laid to the respondent and they have 28 days to respond.

My query is this: -

- when viewing the status of the claim, the status of the response is 'no details yet' - does this mean the respondent has not responded, or does this always remain the case until the deadline expires? (i.e does it get updated if and when there is a response), or does a lack of updates indicate a lack of response thus far?

- does a claimant get notified in the event of a time extension application, and is there a limit to when the time extension is applied for?

Thanks for your thoughts!
regards
Pres.

[ULA]

I presume you are using the HMCTS portal to progress your claim.

You are correct that the respondent has 28 days to respond to notification of an ET1. When their is a response then in theory the portal should be updated.

If the respondent is seeking a time extension to submit and ET3 then they need to make an application to the ET and should copy in the claimant.

[Presonus]

Hi thanks for a quick reply

Yeha you're spot on - I am using the online portal, I'm just edging very close to the deadline and wasn't sure if I could take what it is showing as an indication of a response or not

[Presonus]

Wellnits deadline day, ive just received an email about the itger party fiking a change in representation

It gives no details and there's no additional forms in the online portal or info.

I presune tgis means they have changed solicitor, does this mean a likely delay tactic? Shoujdnt i get some info?

[ULA]

I would not say it is a delaying tactic they may have genuinely made a decision to change representative as you have now issued an ET claim. It is potentially likely that an extension of time has been requested by the newly appointed representative in order that they can "read into" the claim and any background documentation provided to them by the company in order to prepare the ET3 response.

You should be copied into any correspondence requesting this.

[Presonus]

Thanks all

Sorry this is a completely different question but I don't want to make new threads


Years ago I was part of a protected conversation on a different matter (similar sort of circumstances i had been discriminated against and they wanted to gauge if I could be paid off)

I've just realised that whilst I'm working with different people, in the invesgigation notes for the disciplinary this tribunal is referring to - my current manager, who was not part of that process has made reference to what I've said in the protected conversations, basically he's said to the investigation team that he's been told I don't accept offers and that the investigation team will have to find other 'avenues' to explore, in managing me out.

They were very clear about managing me out, and in his investigation interview makes several references as to whether 'he has brought enough to the interview' to get me out the door and admits at the end of the interview it might not be

Just want to check, given he took no part in these protected conversations (he wasnt involved in any of that previous issues) is it appropriate for him to be advising the new disciplinary team what my actions were in these protected conversations?

[ULA]

Was your manager interviewed as part of the investigation that resulted in disciplinary action being taken against you? If so and these were comments said and noted by the investigation team at the time then they would have been made available to the disciplinary team.

[Presonus]

Thanks for your reply

I had the protected discussion over the phone directly with the head of HR (large company), my line manager wasn't involved

I have looked at the interviews for the most recent investigation (because they had to disclose them to me) and all there is is my most recent manager stating that another manager had warned him that I am unlikely to accept a settlement with a view to his plans


To complictae things more, though totally seperate I have been contacted through someone who doesnt work at this organisation that several (no less than three) former colleagues want to arrange a discussion with me for advice as they are suffering under the same managers/treatment but dont want to speak up as I did as 'they dont want what happened to me to happen to them'.

[ULA]

From what you have said it appears this is just a statement from your recent manager, as part of the investigation meeting he had, based on a conversation he had at some point with another manager.

I am not sure it would be wise to speak with former colleagues whilst you have an active claim ongoing with your ex-employer. However the decision as to whether you do or don't is down to you.

[Presonus]

Thats fine, ill update the linked thread with a response to your questions

[Presonus]

Sorry this will appear a bit disjointed (which is why I made a new thread) but anyway:

as per ULA's questions in https://legalbeagles.info/forums/for...-with-employer

Right this is going to get messy, the diclosures (losses and disabilty impact assessment) should have been filed by 31st Jan

I mistook the exact date, this is because the court made an error at the last year and the preliminary hearing was stated for Jun 2026, they actually dragged us into a hearing in November with only a few hours notice which took both me and the respondent by surprise. I was advised we could go ahead as I didnt need to supply evidence or argue the case at this stage, but it did mean i was unprepared and my notes i took, specially with things i needed to do were rubbish (maybe I should have asked for an adjustment, I was alone and with MH issues)

The court did provide a case management order doc with the dates confirmed, but this actually only got released in Feb so didnt help - after the proposed deadline so i failed to spot/correct my mistake

During this time, the respondent was failing (as described above) to respond, clarify or provide the requested documentation anyway, the only substantive email I got from them was a notification for my disabiltiy impact statement being late and refusal for payslips etc

So yeah, I have asked for guidance and for more time from the court, but I think due to the above circumstances, my own confusion and their solicitors deliberate coyness I am going to be pressed to get my case heard.

[ULA]

Please can you post up a redacted copy of the Case Management Orders. If you cannot redact then please PM it to me but I will respond back on this thread.

In the meantime start preparing your Schedule of Loss - SoL based on your best estimate. You will always have a chance to update it closer to the final hearing. Your SoL should be in the recognised correct format.

I am back online tomorrow.