[Closed] Extension granted before seven days to make objection expires
The Respondent made an application for an extension of time to file its ET3 Response form under rule 20 of The Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013. This rule says in paragraph 2
“(2) The claimant may within 7 days of receipt of the application give reasons in writing explaining why the application is opposed.”
However, before this 7-day deadline expires the tribunal has already granted this extension of time so I am confused and I would like to know if this gives me the right to have this extension of time revoked automatically. It will be simpler for me if it is like this. I would like to know if you know authorities about this issue
Or, I have also to put forward the reasons why I think that the Respondent’s application for an extension of time is wrong and the tribunal can refuse to revoke this order of an extension of time if it considers that my reasons for objecting to it are wrong. In this case which could be the purpose of this seven days period of time to object to this application if the tribunal itself does not comply with it?
Another day, another case, @world.
Do you actually have any worthwhile reasons for opposing the application?
You should bear in mind that in these Covid times nothing in the Courts or Tribunals systems is moving quickly. You should adjust your expectations to that. The extension that has been granted will almost certainly have no effect on the progress of the case to a final hearing.
I think that the Respondent does not have any good reason to ask for an extension of time because the reason he put forward is the bad organisation of its own firm but nothing beyond its control and nothing to do with the pandemic
Yes, of the pandemic the tribunal is slower and takes longer to issue orders. However, paradoxically, in this case, the issue is not that the tribunal has taken too long to issue this order but that it has taken it to early
The delay causes me prejudice because it decreases by three weeks the time that I have to reply to the ET3 response form before a preliminary hearing takes place shortly
Moreover, it will be very good for that this order granting an extension of time is revoked because this will mean for me a default judgment in my favour
The rules are the rules and they apply to anyone. If I would not have complied with a rule I should have born the consequences. Hence, in the same way, if the Respondent or the tribunal does not comply with a rule I should benefit from it
It is why I would like to know if I can require from the tribunal to have this order granting an extension of time revoked because I have an automatic right to this because I was not given seven days to object to the Respondent’s application for it
By all means give it a go. Give the Employment Judge an early opportunity to size you up.
Is that really what you want?
Are you aware of the Overriding Objective of every set of court and tribunal rules? That objective is to deal with all cases justly, subject to a number of criteria.
Do you really want a default judgement when you know the case is contested and therefore that there will be an application to set it aside? That will push back the ultimate hearing of the case. Is that what you want?
The overriding objectives of doing justice does not preclude the compliance of the rules by the parties and the tribunal
I have not yet seen the contents of the Respondent ET3 Response form but the explanation that he gives me show that he does not have a defence. Hence, a default judgment will shorten the proceedings instead of lenghten them becaue it will increase the chance to reach an out of court settlement
The fact that the Respondent does not have a defence is the reason why he asked for an extension of time because he needed more time to work out which excuse he can put forward
I puzzle about whether not the fact that I was not given seven days to reply to the Respondent'a application means that I have an "automatic right" to have this order granting an extension of time revoked
Has some of your already been in a situation where it was the tribunal which does not comply with the rules and not the parties when taking a decision? does this cancel automatically this decision?
I realise that you have a highly developed sense of your entitlements and that you are always right and everyone else is wrong.
But before alleging that the Employment Judge has acted in breach of the rules, please read them. In this case, looking at rule 20, I suggest that you do not stop at sub-paragraph (2), as you appear to have done. Read (3). Also read rule 29.
I will not be replying further.