Employment Tribunal Claims: How to Complete The ET1 Form and Strengthen Your Claim

If an individual believes that someone has treated them unlawfully, dismissed them, pushed them out of work, or victimised them for whistleblowing, they may have the right to bring a claim to the employment tribunal. Doing so correctly, within the relevant time limits, and in accordance with due process is essential, though. The following summarises how to complete the ET1 Form to strengthen one’s claim.

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What is an Employment Tribunal Claim and Why is it Relevant to You? 

Making a claim to an employment tribunal is a legal process that allows employees to dispute perceived unlawful treatment, usually by their employer. The tribunal is judicially independent of government and hears all parties to the claim before making a legally binding decision.

On What Grounds Can You Go to a Tribunal? 

“Unlawful treatment” can include discrimination, victimisation, or unfair dismissal, among other claims. When an individual believes they have experienced such treatment, they may be able to bring a claim, either independently or with legal advice. Bringing such a claim will usually come after all other avenues have been exhausted, including internal grievance or dispute resolution procedures.

When Are You Eligible to Bring an Employment Tribunal Claim? 

To make a claim to an employment tribunal, individuals must adhere to strict eligibility criteria and time limits. If an individual believes they were unfairly dismissed, the time limit is three months less one day from the date their employment ended. If, however, they believe they faced issues such as discrimination, the period would begin on the date of the last alleged incident. Importantly, time limits and criteria can vary, so understanding the specifics in one’s case is vital.

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Before most claims can be brought, individuals must also contact Acas to obtain an early conciliation certificate. Once informed, Acas will offer early conciliation to help resolve the matter without the need for further escalation. During conciliation, the time limit for bringing a claim is paused, allowing more time to reach an informal resolution. 

Understanding Acas Early Conciliation

Early conciliation is the process undertaken by Acas to resolve a workplace dispute before the employment tribunal is engaged. It serves as an impartial, independent intermediary to facilitate negotiations between the parties. However, when an agreement cannot be reached through early conciliation, Acas will issue an early conciliation certificate. As previously mentioned, this is usually required before an individual can submit their claim to the employment tribunal.

The ET1 Form: How To Complete It and Mistakes To Avoid 

The ET1 Form is the form required to make a claim to the employment tribunal. Most commonly, the ET1 Form is used to claim against discrimination, unfair dismissal, unpaid wages, or sexual harassment. While the form can be submitted via post, it is strongly recommended to complete it online. Furthermore, since completing and submitting the form can be time-consuming, legally complex, and potentially stressful, seeking legal advice is often recommended to ensure it is clearly presented and properly framed. 

If you are considering submitting a claim using the ET1 Form,  speak to us. Redmans Solicitors are experts in the employment sector, and our solicitors would be happy to assess your case, answer your queries and help you to optimise your ET1 submission.

To talk to us and find out what we can do to help, simply: 

• Call us directly on 020 3397 3603
• Complete our online form to request a callback

Please note, the ET1 Form can be completed online via the government website. It is your responsibility to ensure the form is received on time and submitted with all relevant information. The employment tribunal will use the date it receives the form to calculate the relevant time limits. You should retain a copy of your completed form, and once submitted, you can expect to receive a confirmation of receipt. 

Key Points When Completing Your ET1 

• List all relevant facts and details. Present the events in chronological order so the tribunal can easily determine how the complaint meets the legal criteria. 
• Respect deadlines. Detail specific dates for each event, noting any escalation or changes in behaviour. 
• Detail the impact. Explain the professional, financial, and personal impacts of the events in question, using specific legal language (e.g. rather than stating “I was bullied,” explain that the “bullying constituted harassment under the Equality Act 2010″).
• Refer to evidence. While evidence is typically submitted later, clearly reference the relevant documents, such as emails, messages, or policies.
• State the desired remedy. If seeking compensation, reinstatement, or another outcome, clearly state this in the claim. 

What to Avoid When Completing Your ET1 

• Avoid vague or overly general descriptions.
• Do not list events out of sequence or omit key details.
• Avoid emotional language that detracts from the factual basis of the claim.

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Being clear, factual and comprehensive is one of the most effective ways to strengthen the claim. 

Employment Tribunal Claims: The Process Following ET1 Submission

After submission, individuals should receive a ‘Notice of Acknowledgement’ confirming receipt of their ET1 form. The respondent (the employer or person the claim is against) will then be notified by the tribunal and will have 28 days to respond using the ET3 form from this date. 

If the ET1 Form is rejected, the individual may be able to request reconsideration, but this can delay proceedings and may require legal advice.

If you believe you have been treated unlawfully and are considering making a claim to the employment tribunal, speak to us. Redmans Solicitors are experts in the employment sector, and our solicitors would be happy to assess your case, answer your queries and help you to optimise your submission.

To talk to us and find out what we can do to help, simply: 

• Call us on 020 3397 3603
• Complete our online enquiry form to request a callback