SCHEDULE 1E+W+STHE EMPLOYMENT TRIBUNALS RULES OF PROCEDURE

Modifications etc. (not altering text)

THE RESPONSE TO THE CLAIME+W+S

Effect of non-presentation or rejection of response, or case not contestedE+W+S

21.—(1) Where on the expiry of the time limit in rule 16 no response has been presented, or any response received has been rejected and no application for a reconsideration is outstanding, or where the respondent has stated that no part of the claim is contested, paragraphs (2) and (3) shall apply.

(2) [F1The Tribunal] shall decide whether on the available material (which may include further information which the parties are required by [F2the Tribunal] to provide), a determination can properly be made of the claim, or part of it. To the extent that a determination can be made, [F3the Tribunal] shall issue a judgment accordingly. Otherwise, a hearing shall be fixed F4.... [F5Where [F2the Tribunal] has directed that a preliminary issue requires to be determined at a hearing, a judgment may be issued by [F2the Tribunal] under this rule after that issue has been determined without a further hearing.]

(3) The respondent shall be entitled to notice of any hearings and decisions of the Tribunal but, unless and until an extension of time is granted, shall only be entitled to participate in any hearing to the extent permitted by the Judge.

Textual Amendments