Rule 39 Unless ordersI1

An order may specify that if it is not complied with by the date specified the claim, response or reply, or part of it, must be dismissed without further order. If a claim, response or reply, or part of it, is dismissed on this basis the Tribunal must give written notice to the parties confirming what has occurred.

A party whose claim, response or reply has been dismissed, in whole or in part, under this rule may apply to the Tribunal in writing, within 14 days of the date that the notice was sent under paragraph (1), to have the order set aside on the basis that it is in the interests of justice to do so.

Unless an application under paragraph (2) includes a request for a hearing, the Tribunal may determine it on the basis of written representations.

Where a response is dismissed under this rule, the effect is as if no response had been presented, as set out in rule 22 (effect of non-presentation or rejection of response, or case not contested).

Where a reply is dismissed under this rule, the effect is as if no reply had been presented, as set out in rule 22, as modified by rule 26(2) (replying to an employer’s contract claim).