Rule 26 Replying to an employer’s contract claimI1

England, Wales and Scotland

(1)

A claimant who wishes to reply to an employer’s contract claim must send their reply so that it is received by the Tribunal within 28 days of the date that a copy of the response form was sent to the claimant.

(2)

If the Tribunal does not receive a reply by the end of the period specified in paragraph (1), rules 21 (applications for extension of time for presenting response) and 22 (effect of non-presentation or rejection of response, or case not contested) apply except that—

(a)

references to a respondent or a response must be read as a reference to a claimant or a reply, respectively,

(b)

references to a claimant must be read as a reference to a respondent, and

(c)

reference to rule 17(1) must be read as a reference to rule 26(1).

F1(2A)

But the Tribunal may order a departure from rule 22 if—

(a)

the Tribunal does not receive a reply by the end of the period specified in paragraph (1), and

(b)

it considers it in the interests of justice to do so.

(3)

Where the Tribunal accepts the reply it must send a copy of the reply to all other parties.

Annotations

Textual amendments

F1: Rule 26(2A) inserted (2.3.2026) by The Tribunal Procedure and Employment Tribunal Procedure (Amendment) Rules 2026 (S.I. 2026/115), rules 1(2), 8(7)

Commencement

I1: Rule 26 in force at 6.1.2025 immediately after S.I. 2024/1156 comes into force, see rule 1(1)