Dismissal Tribunal Claim

[1991Reed]

I put a claim against my former employer for unfair dismissal.
I submitted my ET1 and it was accepted 8 days later.
I was also sent a case management schedule which is to send a compensation document 2 weeks after their ET3 and swap evidence another 2 weeks later

the employers et3 was due on 15th January and it’s not been notified that they responded so I have no clue where to send the compensation document etc

can anyone help or advise what I should do?

[ULA]

By compensation document do you mean a schedule of loss (SoL)?

I presume you submitted your ET1 via the HMCTS portal.

Have you had a notification that an ET3 has been submitted as it will be posted on the portal. It may take the ET a few days from submission of the ET3 to upload it to the portal and send you the notification.

[Guest]

Sorry to jump on this post - ULA I'm trying to message you privately and it says I'm not authorised to send this post, is it because I'm new? Cheers

[ULA]

david787 it may well be the case. However I do not provide advice by PM.

Please create your own new thread and I can assist that way.

[1991Reed]

Sorry that’s the one schedule of loss

yeah, I submitted via the portal.

I haven’t had any response it just says that the response is due January 15th, which has now passed.
i kind of assumed that it would take a while to notify me due to backlog.

Could it be possible they haven’t replied?

[1991Reed]

I found out today that they didn’t file the ET3 and that I now have to continue the case management order

to send the SoL and then two weeks later I need to send my evidence.

I do have concerns that they’ve delayed filing so they can use a late extension request and submit an et3 against my evidence

[ULA]

They would have to have a very good reason that a judge would need to make a judgement on to file a make an application for an extension or make a late ET3 filing.

I am also intrigued by the case management order (CMO) as typically these are not sent out until such times as both ET1 and ET3 have been filed.

Are you able to redact the CMO for identifying information and attach them to a post please?

Have you started preparing a SoL?

[1991Reed]

It’s actually been the biggest stress order

I can’t share it online as I know my former employer will be scaling the internet to see if anything is online (I already have certain people appearing on my social media )

happy to send it privately

Someone said because of what I submitted in the et1 I attached evidence, case law, and dates in a table, I’ve been told it’s unusual to get it early on, and it’s a good sign that I don’t have a preliminary hearing.

[ULA]

Not sure who that someone was but from my experience it is not normal ET process to send out a a CMO without an ET3 response.

If it not too long can you PM it to me please. But I will then come back to this thread with my thoughts/advise

[1991Reed]

I sent it to you

that’s fine happy to discuss on the forum it will help someone in the future

any advise that you can give I’d be really grateful for

thank you

[1991Reed]

I’ve got a question do I add a predetermined section on my SOL

[ULA]

Thank you for the redacted CMO. The first time I have seen the CMO sent out with the notification to the respondent of a claim with the notice of defence. I knew they were trying to improve the backlog but by doing this there is an assumption the respondent will defend the claim.

I would suggest getting your SoL prepared. Do you have a template for this as it should be set out in a prescribed way? I have one for unfair dismissal which I can post up if that would assist.

The deadline for exchanging copies of documents is incumbent on both parties. Again I would start preparing what you have, however prior to sending your information over I suggest you contacting the respondent (around 3 Feb) to see if they themselves are prepared for the 12 Feb deadline.

Just on the CMO the deadline for bundle preparation and witness statement exchange are very far in advance of the actually hearing. Although not stated on these CMOs I have seen ones where the parties are given the possibility to extend by up to 14 days, with agreement between the parties, the deadline so long as it does not impact any deadlines of information going to the ET, without the need to make an application to the ET.

[1991Reed]

Would you be able to post the template?

thank you,

so is the CMO standard to improve the backlog, or does it mean that the tribunal already recognise the case as simple to layout between me and the respondent?

This is actually where I have an issue, and some caution. so I don’t have the exact contact for the respondent, and I was telling the tribunal this yesterday, they basically said just email it to any contact you have who could escalate it to the correct persons and CC the tribunal in.


Given that the respondent hasn’t submitted an ET3, especially shocked when they sent me a legal threat during ACAS, I don’t think they intend on sending any evidence, but the tribunal has said I have to send it to them.

[ULA]

A CMO is issued for all claims but not so early in the proceedings. Typically I see it being sent to both parties either after a preliminary hearing or, if one is not required, once both the claim and subsequent respondent's defence have been accepted by a Judge.

When you send your SoL send it to the highest level person contact email you have on the company and as the ET have advised copy to them. Make sure in the subject line of the email looks something like this:

Case Number followed by Your name v Respondents' Name

I would also suggest if the company is registered at Companies House find the address and send a hard copy of the SoL with a brief covering letter by tracked post to reach the registered address by the deadline date.

My suggestion of emailing around 3 Feb (by which time they would have received your SoL) about them being prepared for exchanging documents on 12 Feb, is so, if you do not get a response and the respondent fails to engage with the process, you have some evidence to prove to the ET you are complying with the CMO but they are not.

[1991Reed]

Thank you for sending that over, I really appreciate it
although I am now panicked how to fill it in

I received the basic statutory amount for redundancy do I still need to input that?