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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48196
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I filed a claim and there were total 4 Respondents.

Customer Question

Hi, I filed a claim and there were total 4 Respondents. Respondent 1 is a company and others are employed by it. There is an issue as to the employment status and its matter for tribunal to decide. Respondent 1 claims it was self employed and I that it was employment. Other Respondents were working for Respondent 1 like me but in management position.However, The claim was rejected in part. The claim against Respondent 1 was accepted but the tribunal rejected the claim against all other Respondents. Rejection is under Rules of Procedure 2013 - Rule 10(1) (c). The ACAS Early Conciliation number was obtained against Respondent 1 and I mentioned the same number for all other Respondents. I still have time as to the time limit (3 months from last incident). Claim is concerned with unfair dismissal, discrimination etc.What should I do now ? Do I need to worry about including the other respondents et al ? and if so, how to go about it ?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.

Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.

Expert:  Ben Jones replied 1 year ago.

Before I can look into this, please can you tell me how long you had worked there for, prior to filing the claim?

Customer: replied 1 year ago.
More than 2 years
Expert:  Ben Jones replied 1 year ago.

OK thank you, ***** ***** it with me. I am in court today so will prepare my advice during the day and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Thank you.

Customer: replied 1 year ago.
Okay, Ben, would appreciate an early response once you are free. Thanks.
Expert:  Ben Jones replied 1 year ago.

No problem at all and thank you.

Customer: replied 1 year ago.
Still waiting for your response
Expert:  Ben Jones replied 1 year ago.

Hi I was actually just looking into this. You say it was rejected under 10(1)(c) - what specifically was the reason? Also do you mean that you wish to resubmit the claim against the other 3 respondents?

Customer: replied 1 year ago.
10 (1) (c) allows tribunal to reject claim for not providing early conciliatory certificate number.
Customer: replied 1 year ago.
I already submitted the notification to ACAS and they issued the certificate numbers for the other 3 respondents.
Customer: replied 1 year ago.
They issued it today.
Customer: replied 1 year ago.
what should i request to the tribunal. Can i be regarded as a "prospective claimant" as per the rules since my claim against the other 3 respondents was rejected.
Customer: replied 1 year ago.
Will the tribunal accept my request to add the other 3 respondents to the existing claim ? What should be my argument ?
Expert:  Ben Jones replied 1 year ago.

The decision to reject the claim under rule 10 can be made by the tribunal staff without referring the case to an employment judge. If the ET1 is rejected under rule 10, it will be returned to the claimant with a notice of rejection explaining why it has been rejected. The notice should also contain information about how to apply for a reconsideration.

If the claimant is still in time to correct the defect and re-present their claim within the original time limit, then it is open to them to do so, without the need for reconsideration. This would only really be required if the time limit to claim has elapsed and a judge needs to decide whether to allow a claim to be submitted out of time.

So if your claim was rejected on the basis of no early conciliation number present for the 3 respondents and you have now obtained that and you are still within time to make the claim, just ask them to correct this issue and to include them.

I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you

Customer: replied 1 year ago.
Whats the source of above 2 paras ?
Customer: replied 1 year ago.
in your response
Customer: replied 1 year ago.
The first 2 paras
Expert:  Ben Jones replied 1 year ago.

In part under Rule 10(2) but it is not so much a matter of where exactly it is contained, rather than it is not mentioned anywhere to the contrary and it is accepted procedural practice. Not every single piece of procedure will be contained anywhere specific

Customer: replied 1 year ago.
Thanks for your response. Can you please state the source for this so that I can quote in my request - "If the claimant is still in time to correct the defect and re-present their claim within the original time limit, then it is open to them to do so, without the need for reconsideration. This would only really be required if the time limit to claim has elapsed and a judge needs to decide whether to allow a claim to be submitted out of time."When I spoke to the Tribunal this morning I was informed that once I submit my request then a Judge will consider it.
Customer: replied 1 year ago.
If it is in reference to a judgment then I would appreciate that source. Thanks.
Expert:  Ben Jones replied 1 year ago.

You do not have to quote anything to them to do this - there is nothing specific that says this word for word, it is just accepted practice that you are still within time to make the claim and as such you can correct it. As mentioned not every practice or policy is specifically referenced

Ben Jones and other Employment Law Specialists are ready to help you
Customer: replied 1 year ago.
Okay, thank you for that.
Customer: replied 1 year ago.
Thank you.
Expert:  Ben Jones replied 1 year ago.

You are welcome