How to Start an Employment Tribunal Claim (ET1)
The ET1 form initiates UK employment tribunal claims, requiring precise documentation, strict timeline adherence, and proper legal foundation. Some valid claims fail due to procedural errors rather than lack of merit!
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The ET1 form serves as the essential first step for anyone looking to initiate an employment tribunal claim in the United Kingdom. When workplace disputes escalate beyond internal resolution, this official document allows individuals to formally challenge issues like unfair dismissal, discrimination, unpaid wages, or whistleblowing victimization.
For business owners and organizations, understanding the ET1 process is crucial whether you're supporting an employee through this process or responding to a claim filed against your employment tribunal. The employment tribunal system provides a structured legal framework for resolving workplace disputes when other methods have failed.
Filing an ET1 claim requires more than simply completing paperwork. It demands careful documentation, adherence to strict timelines, and a thorough understanding of employment law principles. Many claims fail not because they lack merit, but because of procedural errors or missed deadlines.
Throughout this article, we'll walk through the complete process of starting an employment tribunal claim using the ET1 form. We'll cover everything from determining if you have valid grounds for a claim to understanding what happens after submission. This knowledge ensures you can navigate this complex process with confidence, regardless of which side of the claim you're on.
Understanding the ET1 Form and When to Use It
What is the ET1 Form?
The ET1 form is the official document required to initiate an employment tribunal claim in the UK legal system. It serves as the formal application that outlines your grievance against an employer or former employer. This standardized form can be submitted by individual claimants, groups of employees with similar complaints, or legal representatives acting on behalf of workers. When completed properly, the ET1 form officially begins legal proceedings, alerting both the tribunal and the respondent (typically the employer) to the nature of your complaint.
The form itself is structured to gather comprehensive information about your employment situation and the specific issues you're raising. While it may appear straightforward, the information you provide on the ET1 will form the foundation of your entire case moving forward.
Common Reasons for Starting a Claim
Common reasons for starting an employment tribunal claim include:
- Unfair dismissal
- Discrimination based on protected characteristics
- Victimization following whistleblowing
- Financial disputes (unpaid wages, holiday pay, etc.)
- Harassment
- Constructive dismissal
- Breach of contract issues
Each of these situations requires specific evidence and legal arguments, which must be clearly outlined in the ET1 form to establish the grounds for your claim.
What specific workplace situation are you dealing with that might warrant an ET1 claim?
Critical Time Limits for Submission
Timing is absolutely crucial when filing an ET1 form. In most cases, the standard deadline is three months less one dayfrom the date of the triggering event. For example, if you were dismissed on March 15, your claim must be submitted by June 14. This strict timelines applies to most common claims including unfair dismissal, discrimination, and whistleblowing cases.
Some claims have different time limits - equal pay claims allow six months, while redundancy payment disputes give you six months from the termination date. These deadlines are rarely extended, so calculating your specific time limit accurately is essential. The tribunal system takes these deadlines seriously, with late submissions typically rejected regardless of how strong your case might be.
The mandatory ACAS Early Conciliation process (which we'll cover next) can extend these deadlines, but you must still initiate this process within the original time limit. Tracking important dates and setting reminders well before deadlines approach can save your claim from being dismissed on procedural grounds alone.
The Mandatory ACAS Early Conciliation Step
Before you can submit an ET1 form to the employment tribunal, UK law requires completion of the Early Conciliation process through ACAS (Advisory, Conciliation and Arbitration Service). This mandatory first step aims to resolve workplace disputes without the need for a formal tribunal hearing. The process begins when you contact ACAS to notify them of your intention to make a claim against your employer.
During Early Conciliation, an impartial ACAS conciliator will act as an intermediary between you and your employer. They'll discuss the issues with both parties separately, explore possible solutions, and attempt to facilitate an agreement. This process typically lasts up to six weeks, though it can be extended if both parties agree and progress is being made. The conciliator won't make judgments about who's right or wrong but will help both sides understand the other's position.
"Early conciliation offers both parties a chance to resolve disputes without the stress, time commitment and potential costs of a tribunal hearing. Many cases that seem destined for tribunal can actually be resolved at this stage when approached constructively." - Acas Chief Conciliator
If a settlement is reached during this phase, it becomes legally binding through an ACAS COT3 agreement, effectively ending the dispute without tribunal proceedings. However, if no agreement is reached, ACAS will issue an Early Conciliation Certificate with a unique reference number. This certificate confirms you've fulfilled the mandatory conciliation requirement and allows you to proceed with your ET1 claim.
The Early Conciliation process offers significant benefits - it's free, confidential, and often faster than tribunal proceedings. It also provides a "pause button" on the time limit for submitting your ET1 claim. Once you contact ACAS, the clock stops on your three-month deadline and only restarts once you receive your Early Conciliation Certificate. At that point, you typically have at least one month to submit your ET1, regardless of the original deadline.
LexRex has analyzed numerous cases where procedural failures during the Early Conciliation phase resulted in claims being dismissed. Their research shows that correctly documenting all communication during this process and carefully noting certificate dates can significantly improve claim outcomes.
Have you considered how the Early Conciliation process might actually resolve your dispute without needing a full tribunal hearing?
Completing the ET1 Form: Key Sections and Details
Essential Personal and Respondent Details
The first sections of the ET1 form require accurate information about both you (the claimant) and your employer (the respondent). When entering your personal details, include your full legal name, date of birth, and complete contact information including email address and phone number. If you're moving during the claim process, update the tribunal immediately as missing communications can severely damage your case.
When identifying the respondent, precision is critical. Use the exact legal name of your employer, which may differ from their trading name. For companies, check official documentation like your employment contract or payslips. The correct legal entity might be "XYZ Holdings Ltd" rather than simply "XYZ" as the company is known. For multiple respondents, list each one separately with their correct legal names and addresses. This becomes particularly important in discrimination cases where individual managers might also be named as respondents alongside the company.
Providing accurate respondent details ensures your claim is properly served. Incorrect information can cause delays or even dismissal of your claim if the tribunal cannot locate the proper responding party.
Providing Employment Details
The employment details section establishes the basic facts of your working relationship. Start and end dates of employment must be precise, as they affect eligibility for certain claims like unfair dismissal, which typically requires two years' service. Include your exact job title and clearly state whether you're still employed or when and how your employment ended.
When detailing your earnings and benefits, be comprehensive and specific. Include your basic salary, bonuses, commission, and overtime payments. Don't forget non-monetary benefits like company cars, health insurance, pension contributions, or share options, as these affect potential compensation calculations. If your hours varied, provide average weekly hours worked over a representative period.
This section provides the tribunal with a clear picture of your employment situation and helps establish jurisdiction for your claim. It also forms the foundation for calculating any potential compensation if your claim succeeds.
Type and Details of Claim (The Core of the ET1)
Section 8 forms the heart of your ET1 claim and requires careful attention. In section 8.1, you'll tick boxes indicating the type(s) of claim you're making. Select all that apply to your situation, whether unfair dismissal, discrimination based on protected characteristics, unauthorized deductions from wages, or whistleblowing detriment. Each selected box creates a specific legal claim requiring particular elements of proof.
Section 8.2 is where you explain what happened and why you believe it violates employment law. This narrative should present events in chronological order, with specific dates whenever possible. Name relevant individuals involved and clearly describe incidents that support your claim. Connect these facts to specific legal violations - for instance, explain how treatment differed from colleagues of different genders if claiming sex discrimination.
When writing this section, focus on relevant facts rather than emotions. Instead of stating "My manager was unfair and horrible to me," provide specific examples like "On January 12, 2023, my manager John Smith denied my flexible working request without consideration, while approving similar requests from three non-disabled colleagues." Reference relevant legislation where appropriate, such as the Equality Act 2010 or Employment Rights Act 1996.
If space is limited, attach a paper apart document with your full statement, but ensure the main form indicates this attachment exists. The quality of this narrative often determines whether your claim proceeds or faces early dismissal, so consider seeking professional guidance for this critical section.
Section 9: What Remedy is Sought?
In Section 9, you must specify what you want the tribunal to award if your claim succeeds. Employment tribunals can order several remedies, and understanding your options helps set realistic expectations.
Type of Claim | Available Remedies | Typical Awards |
|---|---|---|
Unfair Dismissal | • Reinstatement | Basic award + compensatory award covering financial losses |
Discrimination | • Compensation for financial loss | £1,000 to over £50,000 depending on severity |
Unpaid Wages | • Payment of amounts owed | Amount owed plus interest |
Be clear about which remedies you're seeking, but you don't need to specify exact amounts at this stage. You might state: "I am seeking compensation for lost earnings, pension contributions, and injury to feelings resulting from the discriminatory treatment I experienced."
What specific outcome would resolve your situation fairly? This question helps clarify what remedies to request.
Submitting the ET1 and What Happens Next
Methods of Submission
You have several options for submitting your completed ET1 form, each with different advantages. The online submissionthrough the MyHMCTS portal has become the preferred method for most claimants. This digital platform provides immediate confirmation of receipt, eliminating concerns about postal delays. The system guides you through each section, helping ensure you don't miss critical information, and allows direct attachment of supporting documents.
Postal submission remains an option if you prefer physical documentation. When submitting by mail, use recorded delivery to prove the tribunal received your form before the deadline. Keep copies of everything you send, including proof of postage. Some regional tribunals also accept in-person delivery, which provides immediate confirmation but requires travel to the tribunal office.
Regardless of your submission method, maintain complete records of the final form and all supporting documents. These records prove critical if questions arise about submission timing or content. Many successful claimants create organized digital and physical folders containing all case documents from the outset.
Tribunal Processing and Initial Steps
After submitting your ET1, the process typically follows these steps:
- Preliminary review by tribunal staff
- Issuance of formal Notice of Acknowledgement (5-10 working days)
- Review of jurisdictional issues
- Creation of a formal case file
- Assignment to a specific tribunal office
- Issuance of initial case management orders (if applicable)
This acknowledgment confirms your claim has been accepted for processing and includes your case number, which you should reference in all future correspondence. The tribunal then reviews jurisdictional issues and may reject claims filed past the deadline or those falling outside their authority.
For accepted claims, the tribunal creates a formal case file and assigns your case to a specific office based on geographic jurisdiction. At this point, the tribunal may also issue initial case management orders, potentially including requests for additional information or clarification of specific points in your claim.
The Employer's Response (ET3)
After accepting your claim, the tribunal sends a copy to your employer or former employer, who then has 28 days to respond using the ET3 form. This response outlines their defense against your allegations and any preliminary issues they wish to raise.
The ET3 must address each specific claim you've made, either accepting or contesting them. Employers typically deny liability and explain why they believe their actions were lawful. They might argue procedural points, such as claiming your ET1 was submitted too late, or substantive defenses like justifying a dismissal as being for misconduct.
Once the tribunal receives the ET3, both documents guide the next stages of the process. If your employer fails to respond within the deadline, the tribunal may issue a default judgment in your favor on liability (though you may still need to attend a hearing on remedy). If they do respond, the tribunal will schedule either a preliminary hearing to address initial issues or move directly to scheduling a final hearing date.
The interplay between your ET1 and their ET3 establishes the framework for the entire case, defining the disputed facts and legal questions the tribunal must ultimately resolve.
Conclusion
Starting an employment tribunal claim through the ET1 form represents a significant step in addressing workplace injustice. Success depends on meticulous attention to detail, strict adherence to timelines, and clear articulation of your legal claim. From the mandatory ACAS Early Conciliation process to the careful completion of each section of the ET1 form, every step requires precision and thoroughness.
Remember that the information you provide in your initial claim forms the foundation for your entire case. Accurate employer details, comprehensive employment information, and a clear narrative of events are essential elements that can significantly influence the outcome of your claim. By understanding these requirements and following the procedures outlined above, you position yourself for the best possible chance of success in the tribunal system.
FAQs
Do I need a solicitor to submit an ET1?
There is no legal requirement to have a solicitor when submitting an ET1 form. Many claimants successfully represent themselves throughout the tribunal process. However, employment law is complex, and having professional guidance can significantly strengthen your claim, especially for complicated cases involving discrimination or whistleblowing.
Free or low-cost legal advice is available through organizations like Citizens Advice, law centers, and some trade unions. Even if you can't afford full representation, consider seeking initial advice on completing your ET1 form properly, as errors at this stage can be difficult to correct later.
Is there a fee to submit an ET1 form?
Currently, there is no fee required to submit an ET1 form to the employment tribunal. This changed in 2017 when the Supreme Court ruled that the previous fee system was unlawful.
"The removal of tribunal fees has significantly increased access to justice for workers facing employment issues. This change ensures that financial constraints don't prevent legitimate claims from being heard." - Employment Lawyers Association
While the submission itself is free, you should consider other potential costs throughout the process, including traveling to hearings, potential witness expenses, or costs associated with gathering evidence or obtaining expert reports.
Some legal expense insurance policies (often included with home insurance) might cover employment disputes, so check your existing policies. Additionally, if you're a union member, you may be entitled to free legal representation for employment matters.
What happens if I miss the ET1 submission deadline?
Missing the deadline for submitting your ET1 form typically results in your claim being rejected. Employment tribunals enforce time limits strictly, with rare exceptions. If you've missed the deadline, you can request the tribunal accept your claim anyway by including detailed reasons why it wasn't "reasonably practicable" to submit on time.
Such extensions are granted only in exceptional circumstances, such as serious illness preventing submission or receiving actively misleading advice about time limits from an official source. Being unaware of the deadline or misunderstanding the rules rarely constitutes acceptable grounds for extension. This strict approach highlights why understanding and adhering to time limits is crucial from the very beginning of your claim.
