What is an ET1 form?

An ET1 form is typically used by employees (or their representative) to set out the details of an Employment Tribunal claim against a former employer. ET1 forms require certain information to be provided. Additional details of the claims may be provided in a separate document commonly referred to as particulars of claim. An ET1 form is an essential document in Employment Tribunal proceedings. If it is not submitted in the correct timeframe, the claim (or elements of it) may be deemed to be out of time.

Why is an ET1 form important?

1. The ET1 is essential.

Certain information must be provided before a claim is accepted. If such information is not present the claim may well not be permitted to proceed. The ET1 (and the particulars of claim) will be used by the other side (the Respondent) when drafting a response to the Claimant’s allegations. This response is provided in a form referred to as an ET3. For more information on what is an ET3 form? Read our blog.

2. The ET1 form (and particulars of claim) state the claims being made.

Depending on the circumstances, it may be appropriate for a Claimant to advance various claims such as unfair dismissal, discrimination etc. Gaining professional assistance, before material is drafted, would increase the likelihood of any potential claims being captured fully in the documentation submitted to the Employment Tribunal.

Setting out all relevant claims in the ET1 (and particulars of claim) is particularly important because if a claim (such as discrimination) is not set out at all (in the ET1 and particulars of claim) or has not been done so sufficiently clearly, an Employment Tribunal may determine that those aspects of the claim cannot proceed.

There are strict time limits relating to Employment Tribunal claims. What those time limits are would depend on the nature of the claim(s) being brought. It is important to be aware of what the applicable time limits are at an early stage, to ensure that the documentation is submitted in the correct timeframe.  Assistance in this area may well be beneficial in terms of ensuring that any claims are not brought out of time.

3. A well drafted ET1 and (particulars of claim) will help to inform next steps.

As well as ensuring any potential claims are captured fully, an effective ET1 provides clarity to all involved. For example, the likelihood of having to clarify the points raised in the ET1 (and particulars of claim) is reduced. This in turn is likely to save time and money in the long term.

Similarly, the clarity in an ET1 can assist with next steps such as provide assistance when it comes to the disclosure of documentation and or the selection of witnesses.

Is submitting an ET1 the first step to bringing an Employment Tribunal claim?

No. It is usually necessary for early conciliation to be completed before a claim can be submitted to an Employment Tribunal. To answer the question what is early conciliation? view our blog.

What happens after the ET1 form (and particulars of claim) have been lodged?

As said above, when the ET1 is received, the Employment Tribunal will inform the Claimant (or their representative) whether or not the claim has been accepted. If it has been, the ET1 (and the particulars of claim) will be sent to the Respondent. The Tribunal will then decide on next steps.

How can you help?

We have expertise in advising on all aspects of the process. Whether you would like advice on a particular issue such as drafting the ET1 (and particulars of claim) or you would like assistance throughout the entire process we can help.

I do not have the money to pay for advice – can you help me?

We are happy to consider assisting clients on a no win no fee basis. Under this arrangement our fee would be a percentage of any award secured for you. 

Plotkin & Chandler works exclusively in the areas of HR and employment law.

We have expertise in advising on all aspects of bringing an Employment Tribunal claim. Whether you need advice regarding engaging with early conciliation, you require assistance to draft documentation to submit to the Employment Tribunal (such as the ET1), or you are seeking representation at an Employment Tribunal, we can help.

To discuss your requirements, and the ways in which we can help, call us for a no obligation consultation on 020 3923 8616 or email us at info@plotkinandchandler.com