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The Industrial Tribunals and Fair Employment Tribunal (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2020

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16.—(1) The Secretary shall refer a response to an employment judge if—

(a)it is not made on a prescribed form;

(b)it does not contain the respondent’s full name and address;

(c)it does not indicate whether the respondent wishes to resist any part of the claim and, if the respondent does wish to do so, give the details of the grounds for such resistance; or

(d)it is presented outside the time limit in rule 15 (or any extension of that limit granted within the original limit).

(2) The response shall be rejected if the employment judge considers that it is of a kind described in paragraph (1), except that—

(a)if paragraph (1)(a) applies and the employment judge considers that the information provided in the response is substantially the same as the information which would have been provided had the prescribed form been used, the response shall not be rejected;

(b)if paragraph (1)(b) applies and the employment judge considers that sufficient information is available to enable the respondent’s full name and address to be identified and that it would not be in the interests of justice to reject the response, the response shall not be rejected;

(c)if paragraph (1)(d) applies and an application for extension has already been made under rule 18 or the response includes or is accompanied by such an application, the response shall not be rejected pending the outcome of the application.

(3) The Secretary shall return the rejected response to the respondent with a notice of rejection explaining—

(a)why it has been rejected;

(b)what steps may be taken by the respondent, including the need (if appropriate) to apply for an extension of time; and

(c)how to apply for a reconsideration of the rejection.

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