How to Respond to an ET1

Received an ET1?

After the ET1 form has been processed by the Employment Tribunal, a copy of the form will be sent to the employer who is mentioned on the form. In most cases, there is a time restriction of 28 days in which to make a response to return a response called the ET3. The Employment Tribunal will adhere rigidly to this time limit. Make sure that this rule is followed. If this deadline is not met, the Tribunal has the authority to issue a judgement by default.

ET3

It is thus of the utmost importance that once a claim has been received, prompt action be made to examine the claim and react to it in an appropriate manner. We will discuss what an ET3 form is, how to react to it, and what will occur if you do not submit it in the appropriate manner.

Grounds of Resistance

Typically, a Grounds of Resistance will mirror any Grounds of Claim that have been presented by the Claimant, providing a response to each of the points that have been brought by the Claimant while also adding extra material.

Information needed

When an employer receives an ET1, they should immediately begin collecting information and evidence concerning the claim's circumstances so that they or their legal consultants may draft a response. This can be done either by the employer themselves or by the legal advisers. The ET3 Form is the appropriate one to fill out when providing a response. When formulating an answer, responders need to take into consideration the following points:

  • Whether the claim or a portion of the claim is over its deadline, or whether certain components of the claim cannot be heard by an Employment Tribunal, such as a personal injury claim that stands on its own.

  • If there are any claims that obviously don't have any realistic chances of succeeding, which ones that are.

  • In the Grounds of Response, it should be made very apparent if certain allegations are accepted, not in the Respondent’s knowledge or denied.

  • In the event that the respondent is aware of any factual facts that are in direct opposition to the claimant's account of the events, it is imperative that they be stated.

  • If the claim is for unfair dismissal, the respondent is required to produce evidence explaining why the dismissal may be considered fair according to section 98 of the Employment Rights Act of 1996.

How to fill in the ET3 Form

You will need the following information to finish filling out the ET3 response form:

  • Your case number: This information is included in the letter that was sent to you by the tribunal.

  • Information on the claimant's previous jobs: This covers the beginning and ending dates of their employment, as well as a description of their duties.

  • Information pertaining to the claimant's income and benefits: This comprises profits before taxes, earnings after taxes, and take-home pay.

  • Details on the ACAS early conciliation process: This contains the early conciliation certificate number as well as a statement indicating whether you disagree with the claimant's status as an exempt claimant from early conciliation.

  • An explanation of how you have responded: This includes information on whether you fight the claim or not, as well as the dates and individuals involved in the incident.

  • It will be returned to you if your ET3 answer does not include all the required information. This indicates that the claim will be processed as if it had not been received at all.

How I can help

Your first answer to the ET3 will serve as the foundation of your defence, notwithstanding the fact that you will have the opportunity to provide witness testimonies. If the ET3 is returned in on time and is properly formed, the claim will then go on to either a Preliminary Hearing or a Substantive Hearing for the issues to be decided. If you are an employer that has received an ET1, I can help you with creating a defence and draft a Grounds of Resistance. I can help with the following:

  • Application for an extension of time to submit ET3 to the employment tribunal

  • ET3 for constructive dismissal.

  • ET3 for whistleblowing: detriment and unfair dismissal

  • ET3 for disability discrimination and unfair dismissal

  • ET3 for failure to inform and consult over collective redundancies

  • ET3 for pregnancy and maternity discrimination and unfair dismissal

  • ET3 for race discrimination and unfair dismissal

  • ET3 for religion or belief discrimination and unfair dismissal

  • ET3 for sex discrimination and unfair dismissal

  • ET3 for sex harassment or sexual harassment and constructive dismissal

  • ET3 for sexual orientation discrimination and unfair dismissal

  • ET3 for statutory redundancy payment

  • ET3 for unfair dismissal: capability (ill health)

  • ET3 for unfair dismissal: capability (poor performance)

  • ET3 for unfair dismissal: misconduct

  • ET3 for unfair dismissal: redundancy

  • ET3 for unlawful deductions from wages

Get help to Draft the Et3 and Grounds of RESISTANCE

Respond to a Tribunal Claim.