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Tribunal deadline- Advice needed!

12 replies

tribunalconcern · 28/10/2021 16:47

Hoping someone has some knowledge on these things and can help me.

I am taking my former employer to tribunal, they have missed the deadline to submit the indexed bundle of evidence, which I noted to the tribunal via email.
The respondent then applied for an extension for the deadline to submit witness statements which has now also passed. I received a call from the tribunal asking me to reply to that email with my thoughts, they want me to say whether I agree with the extension or not.

Does anyone know what happens if I say I don't agree? Will this work in my favour or not?

My ex employer have said they are applying for an extension because we have been engaged in "without prejudice" settlement talks but they haven't tried to settle since before the initial bundle deadline in September until this week, I would like to refute that.

Don't want to make myself look difficult but also if this could help me that would be good to know. Any employment tribunal experts out there??

OP posts:
Oftenithinkaboutit · 28/10/2021 16:48

Are you representing yourself entirely? No legal or union support?

Oftenithinkaboutit · 28/10/2021 16:49

In covid times
Extensions are much more acceptable

The witness statements…. Difficultly In obtaining them for example

tribunalconcern · 28/10/2021 16:54

I'm representing myself. They haven't mentioned anything around covid, only the delay to the bundle being because they were trying to settle out of court, which they haven't really been.

OP posts:
Oftenithinkaboutit · 28/10/2021 16:56

They’ve asked you if happy for there to be an extension?
That is unusual.
Usually the courts decide whether it is a reasonable reason for an extension

Oftenithinkaboutit · 28/10/2021 16:58

Will the delay cause any prejudice to you? If it won’t, then the court won’t look kindly on you refusing.

ditalini · 28/10/2021 17:01

Presumably the tribunal are contacting you to corroborate your employer's reason for the delay. Their reason is not truthful so it would seem reasonable for you to tell the tribunal that and leave it up to them to decide whether the extension should be granted.

Alpinechalet · 29/10/2021 11:11

Write and set out factually with dates what has happened both in terms of settlement and missed deadlines. This is so the court has your view of the situation.

State that you will not oppose a second extension but would want this to be the last extension. Ask that you are given the bundle (unless you have now received this) and witness statements in plenty of time for you to review and prepare your case.

Oftenithinkaboutit · 29/10/2021 11:24

@Alpinechalet

Write and set out factually with dates what has happened both in terms of settlement and missed deadlines. This is so the court has your view of the situation.

State that you will not oppose a second extension but would want this to be the last extension. Ask that you are given the bundle (unless you have now received this) and witness statements in plenty of time for you to review and prepare your case.

The courts want a yes or a no At this stage they aren’t interested in anything more
Oftenithinkaboutit · 29/10/2021 11:24

And certainly not your plopped history. They won’t accept it.
They want a yes or a no

Oftenithinkaboutit · 29/10/2021 11:25

And you can’t stipulate that you want this to be the last extension

Is another extension is requested and it’s deemed reasonable and not prejudicial to the op, then if the op was to refuse, the courts would not look favourably upon this

Oftenithinkaboutit · 29/10/2021 11:26

potted history

Oftenithinkaboutit · 29/10/2021 11:27

Oh you know what I mean!Grin

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