Can the respondent reserve the right to amend the ET3?

[inneedofhelp01]

Hello,

I have recently recieved my respondents response form in the post, in which she 'reserves the right to amend her ET3' once my claim has been 'fully particularised'. However, the judge had ignored this statement and had simply directed me to accept to a proposed change in the title of the claim. The respondent also advised that my claim be re-issued and re-served (in an attempt to get it thrown out of court) however this did not happen as the judge had allowed me to amend it.

If the judge where to agree to her request to amend her ET3, then he would have asked me to fully particularise my claims in the letter I recieved from the employment tribunal, however he did not. Does this mean that the respondent is not being allowed to amend her ET3? Would I know if she had requested this to the judge directly? Her 28 day repsonse limit ends in two days, and so if this time passes and no amendment has been made to her response, will she be allowed to after? I should also mention that the judge had accepted both the claim and the response now.


Thank you in advance

[teaboy2]

Re: Can the respondent reserve the right to amend the ET3?

Just do as the judge tells you and amend the title of the claim. Whether he then allows the respondent to change there response or not is up to the judge, but from what you have said, the judge doesn't seem interested in allowing them too, as hes not asked you to change your particulars!

Also a lot of employers try to pull tricks like this to get a claim thrown out, but judges are wise to it!