Rebecca Goudy

Associate Solicitor

DATE PUBLISHED: 27 Sep 2022 LAST UPDATED: 30 Jan 2024

Responding to an Employment Tribunal Claim – what are the consequences of missing the deadline?

Is vital that you act quickly as soon as you receive notice of an Employment Tribunal claim. This is because of the strict deadline of 28 days to respond to a claim.

Once a claim has been issued, an Employment Tribunal will send notice of the claim and a copy of the claim form to you. A response to the claim must be submitted to the Employment Tribunal within 28 days of the date that the claim form and notice of claim was sent to you by the Employment Tribunal.

The response

The response form is known as an ET3.  It is also common for a Respondent to submit grounds of resistance which can be attached to the ET3 form. This usually sets out the full details of the response and is useful as evidence during the proceedings.

The easiest way to respond to a claim is to use the Employment Tribunals’ portal.

Alternatively, an ET3 and Grounds of Resistance can be submitted by post or by email to the Employment Tribunal office dealing with the claim.

The consequences of missing the deadline to respond

If you miss the deadline to respond to a claim and respond out of time, the Employment Tribunals can reject the response unless an application for extension has been made in writing.

If you miss the deadline to respond to a claim entirely and have not submitted a response, the Employment Tribunals have the power to issue a Judgement against you under Rule 21 of the Employment Tribunals Rules of Procedure 2013. If a Judgment is made against you, in favour of the Claimant, it may entitle the Claimant to financial compensation. An Employment Tribunal Judgment is a public record and could be harmful to your reputation.

If a Judgment is issued against you, you should take advice on preparing an application for reconsideration.

It is important that you take action immediately if you become aware of a missed deadline or if a Judgment is issued against you.

How can Ellis Jones help?

Our Employment Team is experienced in responding to Employment Tribunal claims and will be able to assist you if you have missed a deadline to respond.

If you would like any assistance, please contact our Employment Solicitor, Rebecca Goudy on 01202 057747 or email rebecca.goudy@ellisjones.co.uk

How can we help?

When you submit this form an email will be sent to the relevant department who will contact you within 48 hours. If you require urgent advice please call 01202 525333.

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