What happens to the ET1 claim form?

[ch 4: page 26]

First, the tribunal office checks the claim form. The form will be rejected if:

• Form ET1 has not been used;

• there is no Acas EC Certificate reference number;

• information is missing, for example, the name and address of the employer;

• the tribunal has no power to consider it; or

• the claim is in a form that “cannot sensibly be responded to or is otherwise an abuse of the process” (Rule 12, Early Conciliation Rules of Procedure).

Claimants can ask for reconsideration of a decision to reject the claim within 14 days.An employment judge should only reject a claim at this stage if they are certain that it cannot be responded to. If there is any doubt, the claim must be accepted, and any problems should be dealt with at the next stage, called Initial Consideration (see page 27). This gives the affected party the chance to be heard (Trustees of the William Jones Schools Foundation v Parry [2016] UKEAT/0089/16/JOJ).

Assuming the Form ET1 is not rejected, a copy is sent to the employer, who is invited to complete a Response Form known as Form ET3. A copy also goes to Acas. The response form must be completed and returned within 28 days of the date that the tribunal office sends the employer the copy of the claim.