The Tribunal's Reply
This will normally confirm the claim has been accepted and given a case number. Keep a note of the number: you will need it whenever you ring up or write tot eh Tribunal.
If the claim has not been accepted – no ACAS number, for example, or the Application Form is incomplete – then act quickly to send them whatever is required.
Dealing with the Tribunal
Comply as best you can with their Orders and Directions. If you can’t comply, or just don’t understand them, let them know: ring them up and explain the problem, or send them an email. (Keep a note of any calls: date, who you spoke to, what was agreed …)
Don’t just ignore the Tribunal: keep them informed. This matters because if you miss deadlines and don’t tell the Tribunal, your claim may be “Struck Out” – dismissed and closed. So if you are going to miss a deadline, tell them in advance, explain why and ask for another 2 weeks, if that would enable you to comply. If you can’t comply at all, explain why. If you have already missed the deadline, apologise, tell them why and when you will be able to comply.
You should copy any emails or letters to the Tribunal to the Respondent.
Cooperating with the Tribunal can be crucial, especially if the Employer (the Respondent) is ignoring them. If you have complied with the Tribunal Orders and it is the employer who is delaying matters, the Tribunal may strike the Response out; and give Judgment for you! If you are also in breach, they may just strike out the whole claim.
The Tribunal will often:
Give a Hearing Date. This may be months away, but check it: if you plan to be away then, write and ask for another date. Don’t book holidays for that date!
Tell you the Claim has been sent to the Respondent, and they have 4 weeks to send their Response.
Sometimes there will be other Orders or Directions as well: for example
“The Claimant” (you!) must supply full details and worked calculations showing how the amount claimed as unpaid wages is arrived at, by no later than 17 October …”. Get started now and send the calculation before the deadline; if you can’t comply for some reason, at least write and explain why and give a date when you will comply.
The Response
The Respondent – your employer – has 4 weeks to send the Response in, so you normally get it form the Tribunal around 5 weeks after they acknowledged your Claim.
No Response.
Quite often, employers ignore the Tribunal, and don’t send a Response. If the employer doesn’t send anything in, the Tribunal may give them a bit more time; or may simply decide the case in your favour! This is called a “Default Judgment” – a Judgment given in default of a Response. (If the Employer can’t be bothered to defend it, why should the Tribunal bother to hear it? They just rule in your favour.)
This is another reason why you should complete the Application Form fully, spelling out what you want. If you have just claimed “unpaid wages”, but not said how much, the Tribunal can’t give a Judgment ordering them to pay you the money because they don’t know how much you want. Instead, you’ll be asked to supply the calculation; or maybe they’ll fix a hearing to ask you explain it at the hearing.
Analysing the Response
- Check it carefully. What do they dispute?
- That they employed you at all? Or not for the period you have claimed?
- Do they dispute owing you any money; or accept some is owed , but not all?
- Have they put a defence in to every claim you made? Or ignored some of the claims?
If the Response is just a general denial: “All money due has been Paid”, you can ask for more details.
What do they say was paid?
Why that much?
What was the calculation?
Send me the pay records.
Send a letter to the Respondent asking for the information you need their understand their case; give them 14 dyas to reply; and, if they don’t , write to the Tribunal, attach your earlier email, tell them you have had no reply, and ask the Tribunal to Order the Respondent to reply. (see examples, below …)
But often, the Tribunal will itself have made Orders requiring both parties to supply further information.