Bujon - Employment Tribunal Help Please

[ritemaster]

Re: 28 day time limit for ET3 form

The Employment Tribunals (Constitution and Rules of Procedure) Regulations.

See 2. 2(a) and 4.(1) below

http://www.legislation.gov.uk/uksi/2...chedule/1/made

& 15(2)

http://www.legislation.gov.uk/uksi/2...lation/15/made

I must admit I never read the actual legislation. I just took my solicitors word when we had the same conversation about deadlines and on this issie he said 28 days from date of receipt.

[Bujon]

Re: 28 day time limit for ET3 form

Well not to be a conspiracy theorist, but a response from the respondent arrived by email last night!!?? Surprise surprise. This comes after the conciliation mediator contacted me to say deadline was end of play 27th and the ET insisting it was 27th also. Even though 28 days from the 30/7/15 should've been the 26th! Very frustrating!! I assume neither the ET nor the conciliation mediator should be prompting the respondent at the last hour? Should I just take it on the chin or press the deadline discrepancy?

[Bujon]

Re: 28 day time limit for ET3 form

The wife says..."she smells a rat" lol.
I would have to agree, if your ET3 form was dated 30/7/15 and you had 28 days to respond you would not send it in on the 27/8/15 before midnight!! Even if you were dragging it out, you'd have sent it in on the 26/8/15, as this is the 28th day. Thus stands to reason that someone has informed them they have until midnight on the 27/8/15 (i.e. The ET secretary).

[mariefab]

Re: 28 day time limit for ET3 form

You are counting the 30th as the first day. You shouldn't, the first day is the 31st.
See the example at 15(2) in the link above.

[Bujon]

Re: 28 day time limit for ET3 form

Eeeek! I have put an official request in for a default judgement now! I wonder if I can withdraw it?

[mariefab]

Re: 28 day time limit for ET3 form

Yes you can. I suggest that you do it straight away.
Just a quick email stating the case number, yours and the Respondents names and saying that you were mistaken about the ET3 time limit, apologising and asking to withdraw your request for a default judgement will do the trick.

[Bujon]

Re: 28 day time limit for ET3 form

Done!! I think I'm getting sidetracked with all this waiting! I am pretty impatient at the best of times and eager to get on with it. Lol

[mariefab]

Re: 28 day time limit for ET3 form

Just read your earlier thread.
Did you put anything in your ET1 about X not being an employee of the Company you worked for or that your employer had little duty of care?

[Bujon]

Re: 28 day time limit for ET3 form

Yes made reference to that! Although stuck with the two breaches of contract as the claim. I referenced that X was not an employee and that this may have lead to an inability to offer me the full duty of care I am entitled to, in a way that a completely impartial investigator would have seen.

[mariefab]

Re: 28 day time limit for ET3 form

In the ET3, has the Respondent agreed with you on these points?

[FlamingParrot]

Re: 28 day time limit for ET3 form

Just read your earlier thread.
Did you put anything in your ET1 about X not being an employee of the Company you worked for or that your employer had little duty of care?

Sometimes people who are not officially employees can be considered as such if the working relationship is such that it mimics the "master-servant" relationship of "official" employment.

[Bujon]

Re: 28 day time limit for ET3 form

Agreed and not my main concern. I'm confident I will win the case, just tried to spread the defensive requirements for them. Am quite astounded at their vigilance in defense to be honest.

[cupidstunt]

Re: 28 day time limit for ET3 form

ET are not like flights where you miss it if late, they ( in my experience ) are not to hung up on times.

I've missed many a deadline and its still proceeding.

You have to bring it to the tribunal and they warn the respondent, if they still don't comply, they get an unless order, miss this and you have to explain why.

It's all part of the game, theres lots more silly tricks to come, before you even get to the main hearing.

[Bujon]

Re: 28 day time limit for ET3 form

I'm beginning to realise that! I now have a conciliation officer pressing me to start negotiations through them for a possible resolution. The way I'm feeling is to play hard on that front and say I want to see justice done, so negotiations are futile as they will not get the resolution I'm seeking. If the respondents don't wish to go to tribunal then they can make a once only offer at an early stage to which I may or may not respond. How would you approach that side of things?

[FlamingParrot]

Re: 28 day time limit for ET3 form

ET are not like flights where you miss it if late, they ( in my experience ) are not to hung up on times.

Except when it comes to the time to submit a claim. The ET will still accept a claim submitted out of time as they've no way of knowing when the clock started to run, however, the respondent can easily ask for the claim to be thrown out due to it being out of time merely by providing a copy of the termination letter or any other document which states you've been dismissed with effect from xx/xxx/xxxx. A friend of mine submitted a claim two or three days late and it was thrown out. :mmph:

When you are used to civil litigation in the county courts, you know it's possible to obtain default judgment as soon as the time for the defendant to acknowledge service of the claim or submit a defence is up, however the ET doesn't work quite like that.

I've missed many a deadline and its still proceeding.

Once the process has started, deadlines are not quite as crucial. I also missed a few deadlines for submitting certain things albeit I wasn't responsible for missing them, my solicitor was in charge and he agreed extensions with the other side quite easily. :thumb: