Initial consideration by employment judge of claim and response

The following Employment practice note provides comprehensive and up to date legal information covering:

  • Initial consideration by employment judge of claim and response
  • Possible dismissal of some or all of the claim
  • Applying for reconsideration where some or all of the claim is dismissed
  • Possible dismissal of some or all of the response
  • 'Reconsideration of Judgments' procedure does not apply but rule 29 does
  • Case management orders once the initial consideration is completed

Initial consideration by employment judge of claim and response

Coronavirus (COVID-19): All proceedings in employment tribunals in England, Wales and Scotland during the coronavirus (COVID-19) pandemic and until further notice are operating in accordance with the Presidential guidance and directions now issued, which profoundly affect normal practice. See Practice Note: Operation of employment tribunals during the coronavirus (COVID-19) pandemic for full information.

When an ET1 claim is presented to the employment tribunal, there are various reasons why it might be rejected. Even if it is rejected initially, it might be accepted following reconsideration after an application by the claimant. See Practice Notes: Submission of a claim to the employment tribunal—Rejecting the claim: failure to use prescribed form or to supply minimum information and Responding to a claim in the employment tribunal—Applying for reconsideration of rejection of response for further information.

Only if the claim is accepted will the tribunal send a copy of it to the respondent(s), seeking an ET3 response.

Once the ET3 response has been presented to the tribunal, it too might be rejected for various reasons. As with the claim form, even if it is rejected initially, it might be accepted following reconsideration after an application by the respondent. See Practice Notes: Responding to a claim in the employment tribunal—Rejecting the response and Responding to a claim in the employment

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