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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 45351
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Ok continuation on this matter I gave the other side 14 days

Resolved Question:

Ok continuation on this matter I gave the other side 14 days to comply and answer the question. I received a reply saying they are consulting their clients. The 14 days have now passed and I wrote to them saying I had no reply and gave them 3 more days and if no reply then I would have no choice but to contact the tribunal. Again no reply. My question is do I now write to the tribunal stating non compliance and should I request a strike out. And anything else I should ask?
Submitted: 3 months ago.
Category: Employment Law
Expert:  Ben Jones replied 3 months ago.

Hello can you please remind me what the question was about, what you were waiting for from the other side?

Customer: replied 3 months ago.

If the considered me disabled or not at the material time? I suffer from dyslexia

Expert:  Ben Jones replied 3 months ago.

It is unlikely that a case would be struck out for non compliance with this request. It does not matter whether the employer considered you disabled or not at the material time – that does not matter, it matters whether you were actually disabled, not what they considered you as. So if they fail to reply you can bring this to the attention of the tribunal just so they are aware of it, but there is no point in asking for a strike out as this would not be considered serious enough.

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 3 months ago.

Hi sorry I should of explained it was part of the judges orders that this question is answered. The ordered started when I supply the information the tribunal asked to be given to the other side they had 14 days to answer the question.

Expert:  Ben Jones replied 3 months ago.

oh ok I see thanks. Still, a strike out is a very serious step which is not given lightly and it is rarely just given for one off non compliance. So instead of going for that straight away the usual step is to advise the tribunal of the non compliance and ask them to consider issuing an unless order first, which is basically an order requiring compliance or something else would happen instead, such as a strike out. If hey breach the unless order then you have a much better chance of getting the strike out. Hope this clarifies?

Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 45351
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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