Q&As

If, before the expiry of the 28-day deadline for presenting a response to an Employment Tribunal claim, the respondent has made an application for an extension of time to present the response and still is awaiting the Employment Tribunal’s decision on the application, what would be the effect of filing the response after the 28-day deadline?

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Published on LexisPSL on 05/04/2019

The following Employment Q&A provides comprehensive and up to date legal information covering:

  • If, before the expiry of the 28-day deadline for presenting a response to an Employment Tribunal claim, the respondent has made an application for an extension of time to present the response and still is awaiting the Employment Tribunal’s decision on the application, what would be the effect of filing the response after the 28-day deadline?

If, before the expiry of the 28-day deadline for presenting a response to an Employment Tribunal claim, the respondent has made an application for an extension of time to present the response and still is awaiting the Employment Tribunal’s decision on the application, what would be the effect of filing the response after the 28-day deadline?

A respondent may apply for an extension of the normal 28-day period, within which the ET3 response must be presented. Such an application must be:

  1. presented to the tribunal in writing, and

  2. copied

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