What are the likely ramifications for the employer if an employee succeeds in a claim of unfair dismissal?
Is there anything that an employer can do if it misses the deadline for submitting a response to an employment tribunal claim?
What is the unfair dismissal basic award?
What is the unfair dismissal compensatory award?
By how much can a tribunal increase an unfair dismissal award where an employer refuses to comply with an order for re-engagement or reinstatement?
Are figures available on the amount of compensation awarded in unfair dismissal cases?
Can compensation for unfair dismissal include an element for injury to feelings?
If an employment tribunal finds in favour of an aggrieved employee, can it make a non-compensatory award in a discrimination case?
How is compensation for financial loss calculated by an employment tribunal in a discrimination case?
Can a claimant claim for "injury to feelings" when making a complaint of discrimination to an employment tribunal?
In what circumstances can a claimant receive additional compensation in the event of a successful discrimination case?
Is it possible for a claimant to claim compensation from an employer for indirect discrimination?
Can an employee bring a breach of contract claim in an employment tribunal?
What is the difference between wrongful dismissal and unfair dismissal?
Can an employer dismiss an employee who has less than the service required to claim unfair dismissal without following its disciplinary procedure?
If an employer misses the deadline for
submitting its response form (ET3) to an employment tribunal claim, there are
steps that it can take. The starting point is that, under rule 8 in the
Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004,
the employment tribunal may enter a default judgment if no response has been
presented to it within the relevant time limit.
When a claim form (ET1) is issued and
sent to the employer, the covering letter from the tribunal will specify the deadline
by which the ET3 must be received. The employer should act as quickly as
possible if it discovers that the deadline has been missed. If it has not yet
received the default judgment, it should draft the response urgently (ie the
same day). It should send it to the tribunal with an application for an
extension of time, and an application for a review of the default judgment in
case it has been made by the tribunal, but not yet received.
The application for a review of the
default judgment is made under rule 33 of the tribunal rules. The application
must be made within 14 days of the date that the default judgment was sent to
the parties. The tribunal can extend the time limit if it considers that it is
just and equitable to do so. The employer should explain to the tribunal in the
letter of application why the default judgment should be revoked. It will be necessary
to explain why the deadline for submitting the ET3 was missed. This may be
because the employer did not receive notice of the proceedings (the ET1) in the
first place. It is also advisable for the employer to give the tribunal a
detailed explanation of the reason. The tribunal must be satisfied that there
was a good reason for the failure to present the ET3 within the time allowed.
However, case law has shown that tribunals may consider "all other matters"
that are inevitably considered in relation to discretionary decisions. For
example, the tribunal may consider the employer's reasonable prospect of
success in defending the claim. As a result, the employer's failure to submit
the ET3 on time may not, on its own, be the determining factor in the
tribunal's decision as to whether or not to revoke or vary the default
It cannot be guaranteed that the
tribunal will agree to overturn the default judgment, but the employer should
act immediately and set out the reasons why the deadline was missed. How
quickly the employer acted once the omission was noticed is a factor that the
tribunal will consider.
When making the application, the
employer should also copy the letter to the claimant, or the claimant's
representative if there is one identified in the claim form. Contact
information will be set out in the claim form. The letter must say that any
objection to the application should be sent to the tribunal within seven days
of receiving the application and should be copied to all other parties. This is
to comply with the requirements of rule 11 of the tribunal rules. If the
employer is legally represented, the employer's representative should also
confirm to the tribunal that rule 11(4) has been complied with.
What are the possible consequences of failing to follow the Acas code of practice on disciplinary and grievance procedures?
Is an employer required to deal with a grievance raised by an ex-employee?
In what circumstances can an employment tribunal order one of the parties to pay the legal costs of the other party?
What is the maximum amount of costs that a tribunal may order an employer to pay if it loses the case?
How can a successful claimant enforce a tribunal award if the employer fails to pay?
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