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    • LittleButton
    • By LittleButton 8th Aug 18, 11:10 AM
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    LittleButton
    Employment Tribunal - Help and Advice
    • #1
    • 8th Aug 18, 11:10 AM
    Employment Tribunal - Help and Advice 8th Aug 18 at 11:10 AM
    Hi All - New member here in need of a bit of advice?

    I have decided to take my ex employer to ET. I have submitted my ET1 and my claim was accepted by the Tribunal.
    My question is - The letter states the respondent has 28 days to come back with thier response to my claim and that I will be copied into this.
    It has now been 35 days and I have not received anything as of yet. How can I find out if they have indeed responded/applied for an extension etc? I tried the ACAS conciliator who seems to be eternally on Annual Leave ... I tried calling the Tribunal Office where my claim will be heard but the phone just rings out constantly.

    Any advice would be very welcome
Page 1
    • sangie595
    • By sangie595 8th Aug 18, 11:36 AM
    • 5,083 Posts
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    sangie595
    • #2
    • 8th Aug 18, 11:36 AM
    • #2
    • 8th Aug 18, 11:36 AM
    Write to the tribunal office - email?

    What is "eternally on holiday"? ACAS provide cover arrangements if someone is unavailable long term, so ask to speak to whoever is doing that.

    The 28 days is more often honored in the breach than the compliance! Employers are often late in responding, and that rarely means anything as the tribunal would usually simply them more time.

    It is the summer - there will be a lot of people on holiday, your former employers, ACAS, and in the Tribunal Office. Things are often slow, but at this time of year you can expect even more delays.
    • LittleButton
    • By LittleButton 8th Aug 18, 11:57 AM
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    LittleButton
    • #3
    • 8th Aug 18, 11:57 AM
    • #3
    • 8th Aug 18, 11:57 AM
    This has been going on since February - It has taken my employer all this time to hear an appeal. I was in concilliaion for the max time including an extended deadline. My conciliator was only available for one week out of the whole Early Conciliation process.
    That is what i mean by !!!8220;Eternally on Holiday!!!8221; - every time I need them, they are not there. There is no cover on the out of office as you have mentioned. Only an urgent query team. This isn!!!8217;t urgent yet, was just looking for advice on what to do next.
    Never been in this situation and thought a forum was for a bit of advice?
    • LittleButton
    • By LittleButton 8th Aug 18, 12:03 PM
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    LittleButton
    • #4
    • 8th Aug 18, 12:03 PM
    • #4
    • 8th Aug 18, 12:03 PM
    I dont know why the punctuation caused thise issues just then
    • sangie595
    • By sangie595 8th Aug 18, 12:14 PM
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    sangie595
    • #5
    • 8th Aug 18, 12:14 PM
    • #5
    • 8th Aug 18, 12:14 PM
    It's an iPhone thing- causing problems for ages and MSE don't seem to be able to fix it.

    Nobody is on holiday since February! I'd have to say that if you really haven't had a response since then it is urgent! Something has gone wrong! Given the case loads, I'd expect slowness in responses, but not none.
    • LittleButton
    • By LittleButton 8th Aug 18, 12:26 PM
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    LittleButton
    • #6
    • 8th Aug 18, 12:26 PM
    • #6
    • 8th Aug 18, 12:26 PM
    Sorry - I probably didnt explain myself fully.

    I left my employer in Feb, and raised an appeal off the back of my Grievance outcome. The appeal was ignored.
    I commenced with Early Conciliation where I finally (after many emails and voicemails left) made contact with the Conciliator after 3.5 weeks. They then requested an extension which my ex employer agreed to. Conciliator then went on annual leave again, and on the final day when My Conciliation was due to end, they came back from holiday. My ex employer said as there was still an appeal outstanding they want to hear that before entering into conciliation with me.
    That was in June.
    I then submitted my ET1 and have the same conciliator again. Tried calling today to discuss and found out they are on holiday for the next 3 weeks!

    My ex employer have now heard my appeal after 5 months of waiting for them. I suspect they did so because they received my Tribunal notification.

    To say i am stressed right now is an understatement, and I know it is only going to get worse at ET time.
    • ohreally
    • By ohreally 8th Aug 18, 1:12 PM
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    ohreally
    • #7
    • 8th Aug 18, 1:12 PM
    • #7
    • 8th Aug 18, 1:12 PM
    I dont know why the punctuation caused thise issues just then
    Originally posted by LittleButton
    In keyboard settings, turn smart punctuation off.
    Donít be a canít, be a can.
    • sangie595
    • By sangie595 8th Aug 18, 1:18 PM
    • 5,083 Posts
    • 8,694 Thanks
    sangie595
    • #8
    • 8th Aug 18, 1:18 PM
    • #8
    • 8th Aug 18, 1:18 PM
    OK, I'm trying!...

    Sorry - I probably didnt explain myself fully.

    I left my employer in Feb, and raised an appeal off the back of my Grievance outcome. The appeal was ignored. Did you resign or were you dismissed? Was the grievance submitted whilst in employment? The appeal after you left?

    I commenced with Early Conciliation where I finally (after many emails and voicemails left) made contact with the Conciliator after 3.5 weeks. I appreciate this is frustrating for you, but this system was designed to support tribunals which had fees. Since they became free again, the conciliation office is literally swamped with claims and have not enough staff to deal with it. Unlike the call centre, which is notoriously poor at times, the conciliation staff did have to have a modicum of training and skills at this, and they are in short supply. It doesn't help you at all, but perhaps explains it.

    They then requested an extension which my ex employer agreed to. Conciliator then went on annual leave again, and on the final day when My Conciliation was due to end, they came back from holiday. My ex employer said as there was still an appeal outstanding they want to hear that before entering into conciliation with me. Are you saying that they were on annual leave back then for 3.5 weeks, then went on annual leave again, and are now on leave for three weeks again? Not that it is relevant, but nobody gets that much leave!
    That was in June.
    I then submitted my ET1 and have the same conciliator again. Tried calling today to discuss and found out they are on holiday for the next 3 weeks! This is the real issue. As I said, if you have heard nothing then you need to treat it as an emergency and ring them again. Things do not and cannot stop for three weeks simply because someone is off work, no matter why. Other people will be pushing for answers too - you won't be the only one. But you will need to push.

    My ex employer have now heard my appeal after 5 months of waiting for them. I suspect they did so because they received my Tribunal notification.

    To say i am stressed right now is an understatement, and I know it is only going to get worse at ET time.
    Originally posted by LittleButton
    Oh yes it will! At least you know that!

    To be honest, and this is totally a guess - albeit based on experience - but I'd bet that the tribunal office haven't even noticed that the ET3 hasn't yet come in. It's "only" a week late, and at this time of year, in a service already stretched to breaking point, during peak holiday season when tribunals themselves aren't sitting...???? However, as I said, late submissions are exceptionally common and it is very seldom that that results in anything more than an extension to the date. The claim may have gone missing, the response may have gone missing, all sorts of things can happen. I cannot recall a single instance where the deadline had actually been the deadline!
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