Bujon - Employment Tribunal Help Please

[mariefab]

Re: 28 day time limit for ET3 form

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

[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

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

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

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

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

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

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).

[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?

[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

Ummm frustrating! I'm in NI but the regs are very similar. If the respondent has not filed within 28days nor applied for an extension within 28 days, then as claimant I'm entitled to press for a default judgement? There wouldn't be enough info on the ET1 form, has this only sets the scene and specific evidence is not issued nor asked for at that stage. I'm going to write to ET and press firmly for a default judgement, with the caveat that I can provide my evidence to substantiate the claim if so required. Otherwise what would be the point in having a time limit?

[mariefab]

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

[FlamingParrot]

Re: 28 day time limit for ET3 form

Yikes are you confident? I'm hoping that the ET3 form misses the deadline to the tribunal and I'll press for a default judgement.

I believe under the new Regulations, the Tribunal no longer issues default judgment automatically if the respondent misses the 28-day deadline. :mmph: A judge will decide whether they can determine the outcome of claim based on the information provided.

[ritemaster]

Re: 28 day time limit for ET3 form

The 28 days start from the date that the ET3 form is sent by the Tribunal office to the Respondent.

The 28 days is definitely from when employer is in receipt of your ET1 form, with accompanying ET3 form. If the tribunal send it by email then yes it would be the same date as is sent. If they send it by post, then it wouldn't be the same day.

[mariefab]

Re: 28 day time limit for ET3 form

The 28 days start from the date that the ET3 form is sent by the Tribunal office to the Respondent.