employer failed to respond to tribunal, now what?

[greeneyegirl]

has anyone any experience of what happens when the employer fails to repond by the set date and answer the claim?

I know and have read the tribunal can make a judgement, are they likely to?

My claim is for unfair dismissal and disability discrimination, I claimed compensation of lost wages of about 4k....

how do they if they find the employer guilty come up with the charge against them? I just wonder how they come to the figures they come to etc?

I would so love this to all be over now it has been going on now for me since last april and I just wished it was done and dusted!

[thugulike]

Even if neither party turns up for the hearing it will still go ahead. Do you mean that the respondant has failed to provide documents? You should have figures ready to support your claim for a remedy when the hearing takes place.
You make your claim and it is up to the respondent to file an ET3 or response to the claim. If they fail to do that it will go ahead anyway.
Do you have a date for the hearing yet?

[greeneyegirl]

I dont have a date yet, this is the 28 days to respond.

so if they don't reply or ignore it totally it will still go ahead?

grr knew it wouldn't be so easy. The office where it will be is just so far away and so difficult to get to....oh well!!

[sue11]

I have no legal knowledge but hope I can help. I bought my previous emloyers to a tribunal some years ago. They responded to the written questions but did not bother turning up at the tribunal. As they were not at the tribunal I think this went in my favour as it showed that my employers could not be bothered to turn up to defend themselves. I feel that the fact that your employers have so far not bothered to even respond to the claim will not go in their favour at the tribunal. I think that the tribunal will have a set precedent to award any claim charges and will take into account your circumstances and how much or little you contributed to your own dismissal.
Best of luck, it is very stressful going through something like this, but don't let it get to you too much.
Cheers
Sue

[thugulike]

They may well respond at the last minute which is par for the course. ACAS will be in touch with you soon and they can be helpful.

Yes, if the respondent doesn't respond then it will go ahead without any of their evidence. Tribunals take a dim view of this and the Employment Judge will assist you if you are not represented (and you don't need to be). You will have to go on to the witness stand and swear to tell the truth. You will be asked to read out your statement and the panel may ask you questions but you can do this. Be strong.

[greeneyegirl]

thanks everyone, last night I found the leaflet they had sent me and had a re read and there is a flow chart and also blurb and on both it says if they dont respond there the trial will not take place and a default judgement will made by the chairman......it makes it clear that will be the end of the process....so let's home that is what happens lol