If you’ve missed the deadline for submitting your ET3 employment tribunal response, please don’t panic. Instead, read our short guide to the process and the next steps we recommend you take.
The Initial Process Explained
When an employee’s employment comes to an end, most claims need to be presented within three months less one day to submit a claim (known as an ET1) at the employment tribunal. Where the (former) employee participates in early conciliation, the date will in most cases be extended.
Once the claim has been lodged, the employment tribunal will send the ET1 and blank ET3 form to the respondent named on the ET1. The respondent then has 28 days to respond to the claim. So, when it arrives, it is imperative that you make a note of the date that this needs to be filed. If you miss this deadline, the employment tribunal may enter a default judgment against you.
What Should I Do If I’ve Missed the Deadline?
If you have missed the deadline, it is not the end of the world. Do not delay in dealing with this, act on it immediately. You should draft the response (ET3) and send it to the employment tribunal with an application for an extension of time along with an application for a review of the default judgment in case it has been made by the tribunal.
It is always advisable to seek legal advice in order that they can assist you with drafting the response and the likely chances of successfully defending the claim. Depending on the claim, it may be worth considering an early settlement before legal fees are incurred and your precious time is taken up trying to defend this claim.
If the ET1 is vague or does not deal with specifically what their claim is, then you should look at making what is known as a ‘Request for Further Particulars’. This is where you can ask for further information or clarity. However, please remember, filing the Request for Further Particulars does not override the deadline for filing your ET3. If the deadline is fast approaching or you have already missed the deadline, file the ET3 first in order to preserve your position.
Do You Need Legal Help?
If you would like to learn more about employee law or would like help filing, please contact our expert employment law solicitors today.
