***Employment Tribunal Fees have been abolished so ignore any references to fees in any of our publications whilst we work to update them****
Your case is started when you (the Claimant) send your case against your Employer (the Respondent) to the Employment Tribunal Service either on-line or by post. Your case is called a “claim”, and you present it on the approved form which is known as the ET1 form. Your Employer responds to your claim on the ET3 response form.
You can access the on-line ET1 form HERE. Forms submitted on-line are processed much faster than those that are posted.
You can print off a hardcopy ET1 form HERE and access a directory of Employment Tribunals HERE. If you submit your claim by post, it is your responsibility to make sure that it has been received by the Employment Tribunal Service.
See: Make a claim to an Employment Tribunal and Presidential Practice Direction: Presentation of claims
Download: ET1 Claim Form
ACAS Early Conciliation
It is compulsory for you to submit your problem for ACAS Early Conciliation before you start your Employment Tribunal Claim. You can only submit your case after you have been given a Conciliation Certificate by ACAS.
See: Early Conciliation, how it works
Employment Tribunal Procedure Rules
Everything in the Employment Tribunal is done in accordance with the Employment Tribunal Procedure Rules. Your presentation of your claim must adhere to these rules or your claim may be thrown out.
Completing the claim form
The claim form comes with guidance notes and everything that is marked with an asterisk must be completed. If you are completing the claim form on-line, the sections will appear in a series of screens. You can’t move to the next screen until you have completed the compulsory sections on the screen that you are on. The on-line form is not labelled as below, but the information required is the same.
Section 1 -1.10 – Personal details
This section is compulsory. Fill in your personal details, and tell the Tribunal how you want them to communicate with you.
Section 2.1 – Respondents details
- This section is compulsory. Fill in your Employer’s details. Make sure you have the correct name or your claim will be struck out.
- Write the name of the company or organisation that you work for (not the owners or the managing director). Make sure you have the correct name of the company or organisation. Check your Employment Contract and use Companies House Webcheck service to make sure that the name is correct.
- If your Employer is a sole proprietor, enter the individuals name in this section, then in brackets (trading as… [name of the business]).
- If it is a partnership, name the partnership. The use of the name of the partnership in legal proceedings is effectively, shorthand for the names of all the partners.
- If your Employer is an unincorporated association like a club, you must list all members of the management committee, or the Chairman and Secretary.
Section 2.2 to 4.1
- This section is compulsory. Fill in your Employer’s address including a full postcode. You must use your Employer’s registered address. This may be different from where you work. Check your Employment Contract or any company letter heads to find the right address. You can also run a company search on the Companies House Webcheck service to make sure that the address is correct.
- 2.3 – Select yes, and write your ACAS Early conciliation certificate number, or select one of the four boxes below if any of them apply.
- 2.4 – This is where you write the address of where you worked if it is different from your Employer’s registered address in 2.2
- 2.5 to 2.8 – If you are suing other people or organisations as well, you should list them here.
- 3.1 – If you have other colleagues who you know are suing your Employer for the same or similar issue, you can write that here. If not just select NO.
- 4.1 – If you were not employed by any of the Respondents you have named but are making a claim for some reason connected to employment (for example, relating to a job application which you made or against a trade union, qualifying body or the like) state the type of claim you are making here. You can provide the details in section 8.1.
Section 5 – Employment details
This section is not compulsory. You will find the information required here on your employment contract and dismissal letter (if you have been dismissed). If you are not certain write…”to be confirmed”.
Section 6 – Earnings and benefits
This section is not compulsory. You will find the information required here on your pay slip and employment contract.
Section 7 – New job
If you have got a new job, say so in this section but it is not compulsory. You will have to tell the Tribunal what efforts you have made to find a new job.
Section 8.1 – Type and details of claim
Select all that apply. If you are claiming more than one type of discrimination select them, for example sex, AND pregnancy and maternity discrimination AND unfair dismissal. If you are owed payments that are not supplied in the form, select “other payments”.
If section 4.1 applies to you, fill in the details in the large box.
Section 8.2 – Background and details of your claim
This is where you state what happened to you, and what you would like the Employment Tribunal to do for you. You don’t need to write a treatise here. Just state what happened in numbered paragraphs. If you complete your form on-line, you can write what you need to say as a separate document, save in Rich Text Format (RTF) and simply upload it. There are instructions on how to do this on the on-line form.
If you are posting your claim, you can attach the details of your claim as a separate document. Write “attached” in the space, then print it off and attach it to the claim form. You can also write directly in the box.
Section 9 – What do you want if your claim is successful?
This section is not compulsory at this stage. You will supply the information here in your schedule of loss, so just write “to be supplied” and then send in your schedule of loss when the Tribunal requests it.
Section 10 – Information to regulators in protected disclosure cases
This section applies to whistle blowing claims. It is not compulsory to tick the box, but if you do the Employment Tribunal will forward a copy of your claim to any relevant regulator.
Section 11 – Your representative
Name and contact details of your representative. If you are representing yourself write “Litigant in person” in section 11.1
Section 12 – Disability
Let the Tribunal know if you have a disability and what assistance you need. You can continue in section 15, if there is not enough space here.
Section 13 – Details of additional respondents
Section 14 – Fee (have now been abolished)
You pay the fee by debit or credit card on the on-line version. If you are sending your claim by post, make sure that you have included the correct fee by cheque or attached your application for fee remission. See Employment Tribunals – How to apply for help with fees
Section 15 – Additional Information
You must not repeat what you have already stated, but use this space for any relevant issues that you did not have the space for in the form. You can also attach additional sheets to your claim form. The on-line form allows you to upload additional documents in rich text format.
Diversity Monitoring Questionnaire
The final pages are the diversity monitoring form which is not compulsory.
Template Letter Before Claim
How to Prepare a Schedule of Loss for the Employment Tribunal
Schedule of Loss Spreadsheet for unfair dismissal
Schedule of loss spreadsheet – Discrimination
ET1: Breach of Contract
ET1: Non-Payment of Holiday Pay on Termination
ET1: Non-Payment of Holiday Pay whilst still employed
ET1: Refusal to permit taking of Annual Leave
Disciplinary action and capability
Discrimination at work
Surviving a workplace suspension
How to fight dismissal on Probation
DOCUMENTS, FORMS AND LETTER TEMPLATES
This resource is published by Employee Rescue Limited. Please note that the information and any commentary on the law contained herein is provided for information purposes only. The information and commentary does not, and is not intended to, amount to legal advice. Employee Rescue accepts no responsibility for any loss occasioned to any person acting or refraining from action as a result of the material contained in this publication. Further specialist advice should be taken before relying on the contents of this publication. You can send an e-mail to email@example.com for such specialist advice if required.