If the claim is accepted, the tribunal office sends a copy of it to the respondent. Companies are strongly advised to contact their Association as soon as they receive a claim. Prompt action is essential because of the strict time limit for entering a defence to a claim. The Association is able to provide advice and representation in defending or settling tribunal claims.
Response form
If a company wishes to defend the claim, it must send its response form within 28 days of the claim being sent to it. If a company intends to appoint a representative, such as an Association, to deal with the claim on its behalf, it should ask the representative to complete and send off the response form, rather than send one in itself.
The response form is a standard form, known as an ET3, which the tribunal will have sent out with the tribunal claim. Responses can be sent on-line, by completing the form on the employment tribunals Web site ( Employment tribunals links ). If the company cannot meet the 28-day deadline for some reason, it must apply for an extension of time within that period. The tribunal will grant an extension only if it is satisfied that it would be just and equitable to do so. If the company does not send in a response, it is effectively barred from taking any part in the case and the tribunal may rule in the claimant's favour.
If the nature of the claimant's claim is unclear, the respondent can ask the claimant to provide clarification or further details. If the claimant fails to do so voluntarily, the tribunal can order him or her to do so. A respondent can also be ordered to provide further details of its defence.