Advice over employment tribunal

[Carrotcakeforbreakfast]

I'm after a little advice over an employment tribunal.
I'm the claimant and am claiming unfair dismissal ( redundancy ) and harassment ( name calling etc)

It went to the preliminary hearing 2 weeks ago and I was given 7 days to prepare my schedule of loss to send to both the respondent solicitor and the tribunal office. I complied with this and sent it before the cut off. I am representing myself due to finances.

The respondent was also given the same deadline under the case management order to write to both the tribunal regarding judicial mediation.
At the time of the preliminary hearing the respondents solicitors didn't know if their client would be open to that. The judge was already not impressed that the solicitor didn't know this.

Anyway I'm just sending in the next part of the paperwork they requested on the case management order ( dates and times of name calling) and noticed that the respondents solicitors haven't contacted me regarding the judicial mediation therefore they've missed the deadline.
Unless of course they wrote to the tribunal office only, but the case management clearly states to write to both.

How do I go forward with this now? Will the court flag it or do I need to contact the tribunal office.
I've searched online and can't really find anything that answers this question.
What happens if deadlines are missed?

I'm wondering if when I send the further documentation that is required today that it may remind the solicitor that they've missed a deadline and they'll send it today.

I'm relatively happy representing myself and understand the process but this has thrown me a curveball.

Thank you and I hope this makes sense. Haha.

The respondent is not obliged the take part in judicial mediation. They may just have decided not to do so and left it at that. This is what happened with me. When the deadline had passed, I wrote to them and ask them to confirm their position. This particular order is not as crucial to the smooth running of the case as other matters. The court is unlikely to take any action against them for missing this deadline. It might be of some significance if you win the case and it goes to a remedy hearing.

They aren’t obliged to agree to JM but they are obliged to deal with case management orders. If they haven’t complied with the order email the tribunal copying in the claimant. The tribunal will probably give them a deadline to respond under threat of striking out their defence

What I would probably do actually is email the respondent’s rep and say you haven’t been copied into the correspondence and asking if they have complied with the case management order. If you don’t hear from them say by close of business tomorrow contact the tribunal

No it’s not likely to have any impact on the running of the case but it’s hugely unprofessional. My bosses would have handed me my arse on a plate if I had ever missed any form of tribunal deadline.

Good advice. I have taken several employers to tribunal in my 40 years of work. I'm bound to say that they are not all as assiduous and professional as "Redcurrantpuff".
I would defer to her/his opinion. However, my limited experience suggests that employment judges have varying degrees of tolerance and their response to complaint re orders is not always consistent.
If you are a litigant in person, and you think the respondent's representative is taking advantage of any assumed lack of knowledge on your part, it is worth pointing out their responsibilities i.e

www.lawsociety.org.uk/en/topics/civil-litigation/litigants-in-person-guidelines-for-lawyers

Thank you for all of the advice.

I think had the judge not highlighted that they want the respondents rep to respond either way and have a deadline makes me think that it isn't going to go down too well.

I know they're not obliged to go for the JM but the judge was quite openly annoyed that the solicitor didn't know if the respondent would be open to JM at our preliminary hearing.
He actually made the solicitor go and call them to get an answer.
However, the solicitor couldnt get in touch so the judge said I will give you 7 days to respond.

In the case management sent to us the judge wrote to the respondent solicitor. I give you until the 14th to advise if your client is willing with regards the JM and both the tribunal office and the claimant must be made aware either way by this date.

All of that paragraph was in bold.

I'll chase it up today.

I emailed the solicitor and copied in the tribunal office.

The response was they answered the tribunal office on the 14th April and they're open to JM in principal.
Would have been nice to inform me.

They will not strike out a defence because the respondent hasn’t said whether they wish to try judicial mediation. They’re not obliged to try judicial mediation. The actions of the judge are very unusual if they genuinely required the solicitor to call their client there and then and the solicitor was unusual to not simply say “I have no instructions that my client wishes to engage in jm”

I don’t imagine they will strike out the defence but it would be a brave representative who would take the risk with their client’s case!

@Carrotcakeforbreakfast

I emailed the solicitor and copied in the tribunal office.

The response was they answered the tribunal office on the 14th April and they're open to JM in principal.
Would have been nice to inform me.

Not just nice - it’s a requirement!

S92 Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 requires ET correspondence to be forwarded to other parties... I would email them to remind them of that fact.