Bujon - Employment Tribunal Help Please

[Bujon]

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.

[ritemaster]

Re: 28 day time limit for ET3 form

If you think waiting for the ET3 form to be sent to you is bad, you still have to wait for the actual tribunal hearing. Ive had to wait 3 months for my hearing after getting the ET3 form.

[Bujon]

Re: 28 day time limit for ET3 form

It's working!! Although I'm pretty sure a business services company are representing them, would assume they'd have issued by post.

[ritemaster]

Re: 28 day time limit for ET3 form

Think I'm just a touch stressed in the last couple of days as the deadline approaches

Which kind of answers why they would leave it to the last day!!! Yeah they are exercising their right to have the full 28 days to respond, but I bet some employers leave it to the last minute to drag it on as long as possible and to stress you out!

[Bujon]

Re: 28 day time limit for ET3 form

Ok thanks, I thought it was the only opportunity to state on what grounds they dispute/defend. So if they don't make it specific, it would be rejected. Also what they specify is all they can rely on as defense in the hearing, no side tracking? Anyhow not long to go as yet, am hoping for a none response, you wouldn't leave it until the last day in case you made a mistake/error, surely? I am having a small tit-for-tat argument with the ET, as my maths says the 28days were up as of midnight last night, not tonight! 30-7-15 plus 28, means by the 27th at 00:01 time is up, they seem to have granted 28 days, after the 30-7-15. Think I'm just a touch stressed in the last couple of days as the deadline approaches......I'd kind of feel a little cheated if the response went in today given that!

[cupidstunt]

Re: 28 day time limit for ET3 form

I think you have to write your concerns to the tribunal and request an " unless order "

ET3 generally just states that they do not agree to your allegations, the ones I've received could almost be a template.

[Trev1234]

Re: 28 day time limit for ET3 form

A tenuous day hope they don't reply!

[Bujon]

Re: 28 day time limit for ET3 form

They said they've heard nothing as yet, but the end date is midnight 27th Aug according to them, based on 30th July. I suggested surely it should be midnight on 26th, but hey! I'm clutching at straws but really anxious at why you would leave it until the last day to respond (assuming they do)? What possible advantage is there in that strategy? The argument of seeing justice in a defense is countered by the argument that if I'd taken more than 3 months to file my claim then it would be rejected thus also a failure of seeing justice prevail A deadline has to be a deadline, full stop.

[ritemaster]

Re: 28 day time limit for ET3 form

For peace of mind you could always write a quick email to the ET asking when they expect the ET3 form from the respondent.

[Bujon]

Re: 28 day time limit for ET3 form

Ah thanks, I processed it online 21/7/15 and then had letter of confirmation highlighting 28day period for respondent dated 30/7/15. By my reckoning, midnight tonight and deadline is passed?

[ritemaster]

Re: 28 day time limit for ET3 form

Hi all, I wondered what the 28 day time limit actually meant. I am awaiting a response to my ET1 and acknowledgement date from the ET was 30/7/15. To respond 'within' 28 days, surely this would mean end of play on the 26/8/15. i.e. Today!! Nit picking I know but it's looking like a non response situation

Acknowledgement date is only the date the ET received your ET1 form, not the date they processed it and passed it on to the respondent. 28 days is from when the respondent receives your ET1 form. Mine took 8 weeks from date of acknowledgement.

[Bujon]

Re: 28 day time limit for ET3 form

Should I also consider Labour Relations Agency (Ni version of ACAS) offer for conciliation at this stage, or press for a default judgement? My concern here is that nothing was forthcoming during pre-claim conciliation process. I genuinely think the respondents just want to roll the dice and hope I can't provide sufficient evidence to substantiate my claim.

[Bujon]

28 day time limit for ET3 form

Hi all, I wondered what the 28 day time limit actually meant. I am awaiting a response to my ET1 and acknowledgement date from the ET was 30/7/15. To respond 'within' 28 days, surely this would mean end of play on the 26/8/15. i.e. Today!! Nit picking I know but it's looking like a non response situation

[Bujon]

Re: Assistance advice required on an unusal set of circumstances

Brilliant, many thanks everyone. I'll keep you posted and no doubt have a few more queries when I get to the meat of preparing my bundle for the tribunal!!

[teaboy2]

Re: Assistance advice required on an unusal set of circumstances

You can use the fact you previous resigned but that side resignation was retracted after a meeting with the employer and X, and you felt the matter was resolved as a result of said meeting, as supporting argument to support your claim of constructive dismissal due to bullying and harrassment and your employers breach of their duty of care.

Stop fussing about the line managers employment status, its completely immaterial - Fact is you were subjected to bullying and harassment in the work place, your employer is liable for ensuring your protected from being bullied and harassed in the workplace, regardless as to who the perpetrator is. If a member of the Joe public walked in to a shop and bullied and harassed an employee of the shop, the employer has a duty to protect their employee otherwise they have failed in their duty of care.