9.2 Requesting additional information and documents
Released 8th May, 2012|5,117 Views
The tribunal sends the Claim form to the Respondent, who must submit a Response form within four weeks or request a time extension. The Respondent sends its Response on an ET3 form to the tribunal, which then forwards it to the Claimant. The Claimant is therefore likely to receive the Response five – six weeks after sending in the Claim.
On receiving the Response form (ET3), the Claimant can write to the employer (or employer’s representative if there is one) asking for additional information and documents to be supplied, usually within 14 days. The expression ‘disclosure’ is often used to refer to this supply of documents.
The Respondent should supply all documents which are relevant to the case, whether helpful to the Respondent or helpful to the Claimant. The Claimant should ask for any specific documents which they want.
The request for ‘additional information’ is a request for answers to questions. The questions are usually linked explicitly to the paragraphs of the Respondent’s ET3 and seek clarification of the outline of the Respondent’s defence, so the Claimant is clear what the defence will be.
The idea is not to seek detailed evidence or get involved in cross-examination or arguing the case on paper.
As a very rough guide, in an average size case, it is common to ask five or six questions.
If the Respondent does not cooperate you will need to write to the tribunal asking for an Order that the respondent provides the additional information.