The Fair Employment Tribunal (Rules of Procedure) Regulations (Northern Ireland) 2005

Response

Responding to the claim

4.—(1) If the respondent wishes to respond to the claim made against him he must present his response to the Office of the Tribunals within 28 days of the date on which he was sent a copy of the claim. The response must include all the relevant required information. The time limit for the respondent to present his response may be extended in accordance with paragraph (5).

(2) Subject to paragraph (3), unless it is a response in proceedings described in regulation 8(3), any response presented on or after 1st October 2005 must be on a response form prescribed by the Department pursuant to regulation 8.

(3) Where a response described in paragraph (2) has not been presented using the prescribed form but the Secretary is satisfied that –

(a) the information provided in the response is substantially the same as the information which would have been provided had the prescribed form been used; and

(b) the form in which the response is presented is not calculated to mislead,

that response shall be taken to have been presented on a response form prescribed by the Department in accordance with regulation 8.

(4) The required information in relation to the response is –

(a) each respondent’s name;

(b) each respondent’s address;

(c) whether or not the respondent wishes to resist the claim in whole or in part; and

(d) if the respondent wishes to so resist, on what grounds.

(5) The respondent may apply under rule 10 for an extension of the time limit within which he is to present his response. The application must be presented to the Office of the Tribunals within 28 days of the date on which the respondent was sent a copy of the claim (unless the application is made under rule 29(1)) and must explain why the respondent cannot comply with the time limit. Subject to rule 29, the chairman shall only extend the time within which a response may be presented if he is satisfied that it is just and equitable to do so.

(6) A single document may include the response to more than one claim if the relief claimed arises out of the same set of facts, provided that in respect of each of the claims to which the single response relates –

(a) the respondent intends to resist all the claims and the grounds for doing so are the same in relation to each claim; or

(b) the respondent does not intend to resist any of the claims.

(7) A single document may include the response of more than one respondent to a single claim provided that –

(a) each respondent intends to resist the claim and the grounds for doing so are the same for each respondent; or

(b) none of the respondents intends to resist the claim.