Initial consideration

Once the ET1 and ET3 Claim and Response Forms have been submitted, they pass through a stage known as Initial Consideration (also known as the “sift”) for checking by an employment judge. If the judge thinks either Claim or Response is unlikely to succeed, they must notify the party affected, instructing them to explain in a preliminary hearing why their claim or defence should get a full hearing instead of being struck out (that is, dismissed). From 8 October 2020, simple money claims can be listed for hearing at an earlier stage (see above) without the need for Initial Consideration.