ET3 Response Form

ET3 Form

Unless the claim is rejected, a copy of the ET1 will be sent to each named respondent with a notice setting out the time limit for submitting the response and a prescribed response form (ET3). If a respondent wants to defend a claim, it must submit the ET3 to the Employment Tribunal within 28 days of the date on which it was sent a copy of the claim by the tribunal, or make an application for an extension of time to do so.

There are strict rules for calculating the 28 days. Unless the contrary is proven, the date when the copy of the claim was sent is taken to be the date on the covering letter from the Employment Tribunal. The date of sending is not included. For example, if the Employment Tribunal sends an employer a copy of a claim with a letter dated 1 May, the employer must present a response to the Tribunal Office on or before 29 May. In practice, the letter accompanying the ET1 and blank ET3 will specify the date by which the completed ET3 must be returned to the Tribunal office.

The Tribunal may consider extending this time period if a request is made within 28 days of the date on which the respondent was sent a copy of the claim. The employer must state in the ET3:

1.    its full name and address;

2.    whether or not it intends to resist the application; and

3.    if so, the Grounds of Resistance GOR for resisting, giving sufficient particulars. If you need help with this I can coach you or check it for you.

The ET3 is lodged with the Tribunal Office and copied to the employee and Acas.

If the respondent fails to use the prescribed form, or fails to provide the minimum information, the ET3 will be returned by the tribunal with a notice of rejection explaining why it has been rejected. If the Employment Tribunal Office does not receive the employer's response within that time limit it will normally be rejected and a default judgment may be entered against the employer.

An employment judge can issue a judgment in respect of all or part of the claim, or fix a hearing in order to determine the claim if, on the expiry of the 28 day time limit to present a response, one of the following applies:

• the respondent has stated that it does not want to contest the claim;

• no response has been presented; or

• any response received by the tribunal has been rejected and no application for a reconsideration is outstanding.

The respondent will be entitled to notice of the hearing, but will only be entitled to participate in the hearing to the extent the employment judge considers appropriate.