If you receive notice of an Employment Tribunal (ET) claim, and you are named as a Respondent, you should submit a response by the date detailed on the Notice of Claim letter. This is generally within 28 days from the date you were sent a copy of the claim form (known as the ‘ET1’).

There are a range of options open to the Tribunal if you do not respond to an ET claim within the 28-day deadline. The Tribunal could decide to issue a ‘default judgment’ in respect of all or part of the claim based on the information contained within the claim form, or alternatively may list a hearing to decide the appropriate course of action.

You will receive a copy of any default judgment, along with instructions on how to request a reconsideration or to appeal the judgment and the deadline for doing so. The default judgment will also be recorded on the online Employment Tribunal decision database.

If you have not submitted a response and the Tribunal lists a hearing to decide the appropriate course of action, you will be notified of any hearings but will only be permitted to participate in the hearing to the extent permitted by the Judge. However, if the only hearing to take place is a remedy hearing to determine what the award should be, you will generally be permitted to participate substantively.

If it is not possible to complete the response in time, you can ask the Tribunal for an extension of the time limit. The time limits are very strict and must be adhered to unless exceptional circumstances apply. In the first instance, an application for an extension of time, should be made as soon as you know you will not be able to respond before the 28-day deadline has expired. If you receive notification of the claim after the deadline for responding has expired, you can still make a deadline for a retrospective extension of time.

An application for extension of time must:

• be in writing, but can be sent via email;
• be copied to the Claimant; 
• set out the reasons why the extension is sought;
• state whether you request a hearing; and
• where the original time limit has expired, submit a draft of the response at the same time (or at least an explanation of why that is not possible, but that it will follow at the earliest opportunity).

The Claimant then has 7 days to oppose the application. Should they wish to do so, they must submit written reasons for their opposition. However, ultimately the Tribunal has discretion as to whether to grant the extension.