Guidance Notes: Completion of a Response to a Complaint to the Employment & Equality Tribunal
Please Note: The online Response Form cannot be saved when part completed, and if your browser times out prior to submission any inputted data will be lost.
These guidance notes have been prepared to assist with the completion of a response to a complaint to the Employment and Equality Tribunal (“the Tribunal”) and should be read carefully before you complete and submit your response. They do not purport to be a complete or definitive statement of the law.
Further information about the Tribunal is available from the Website.
Full Guidance Notes for completing this form.
You may wish to discuss the matter before responding to the Complaint.
In such circumstances you should contact:
(a) For work related issues the Manx Industrial Relations Service, who provide a free and impartial service, and are available to talk to individuals and employers with regard to matters such as employment rights and employment disputes. They can seek to resolve matters through conciliation either prior to a Complaint being made to the Tribunal, or after a Complaint and Response has been submitted.
The Manx Industrial Relations Service can be contacted as follows:
Tel: +44 1624 672942
Email: iro@mirs.org.im
Website: www.mirs.org.im
(b) For education related issues the person appointed by the Department of Education, Sport and Culture to conciliate in proceedings.
The Department can be contacted as follows:
Tel: +44 1624 685820
Email: admin@doe.gov.im
Website: www.gov.im/about-the-government/departments/education-sport-and-culture/information-and-publications/e/equality-in-education/
(c) For any other issue arising under the provisions of the Equality Act 2017 the Office of Fair Trading.
The Office of Fair Trading provides a conciliation service and can be contacted as follows:
Tel: +44 1624 687540
Email: Equality.OFT@gov.im
Website: www.gov.im/about-the-government/statutory-boards/isle-of-man-office-of-fair-trading/equality-act-2017-goods-and-services/
Help may also be available from other sources or you may wish to seek legal advice.
Office Opening Hours and Time Limits
The Tribunals Centralised Administration Office opening hours are 9.30am to 4.30pm Monday to Thursday (4:00pm Friday) and any paperwork filed in accordance with Rule 46(7) of the Employment & Tribunal Equality Rules 2018 that is received after the office closes will be treated as having been delivered the next day that the office is open for business.
General
A response must be entered by completing the response form and must include certain information as required under the provisions of the Employment & Equality Tribunal Rules 2018 (“the Rules”) and the form indicates which sections must be completed.
Time Limit
Please note that there is a strict time limit of 28 days in which to submit the response form. The time limit begins on the date on which a copy of the complaint was sent to the Respondent. Please also note that discussions with the M.I.R.S, or other sources, will not alter or extend the time limit. In the section of this form entitled Extension of Time Application you will have the opportunity to explain why you are requesting an extension.
Application for an Extension of Time in Which to Present a Response to a Complaint
An application for an extension of time in which to present the response may be made in writing before or at the same time that the response is submitted, and must explain why the Respondent cannot/could not comply with the time limit.
If the response is submitted after the expiry of the time limit or after the expiry of any extension granted by the Tribunal (and no application for an extension or further extension of time has been made) the response will be returned and treated as if it had not been received.
Filling in the Response Form
As indicated by questions marked with an asterisk (*), certain information must be provided in the response otherwise it will be returned and treated as if it had not been presented.
It is important to note that a Respondent who does not present a response to a complaint may be precluded from taking any further part in the proceedings (other than in very limited circumstances).