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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 50147
Experience:  Qualified Employment Solicitor
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On continuation. The order from the tribunal states that

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On continuation.
The order from the tribunal states that after 14 days after the date of my reply they have to say if they consider me disabled at the material time? As the dates have all slipped I wrote my reply and also stated I was giving them in line with the order 14 days to say if they consider me disabled or not.
Now my question is that 14 days is nearly up and not heard anything. At the time when the 14 days have passed can I write to the Tribunal asking them to make them answer as they are in breach of the order? And if so how do I word it?

Hi there, yes you can write to the tribunal to point out that the respondent has failed to follow their orders and answer that specific question. Eventually you could apply to the tribunal for an unless order, which basically says that unless they provide the response, something will happen, such as their case will be struck out. This is quite a serious outcome so it is not ordered lightly but it can be a useful tool if there are important failures by the respondent. I would say as a first try you should simply write to the respondent and remind them that they had a deadline, which they have missed and to reply ASAP. Tell them that you will send a copy of your letter to the tribunal and do so. This gives them a kick up the backside and serves as an initial warning. If they still do not reply within a week or two, then you can write formally to the tribunal, copying the respondent, saying that you would like to bring to their attention their failure to reply and that you will next be seeking an unless order if no reply comes within a set date. Finally, as a last resort you van seek the unless order further down the line.

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