What happens to the ET1 Claim Form?

The tribunal receives the ET1 claim form and checks to make sure it meets the requirements of the rules. It will be rejected if:

• you have not used form ET1;

• there is no tribunal fee or completed remission form;

• the claim is not accompanied by the Acas Early Conciliation Certificate;

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

• the tribunal has no power to consider it;

• the claim is in a form that “cannot sensibly be responded to or is otherwise an abuse of the process” (rule 12). This is a new rule.

Claimants have a right to ask for reconsideration of a decision to reject the claim within 14 days.

Assuming the form ET1 is not rejected, a copy is sent to the employer who is invited to respond by completing the response form (ET3). At the same time, a copy goes to Acas, who are under a continuing duty to offer free conciliation services throughout the claim.

Right from the start, claimants should collect and keep all payslips and other documentary evidence to prove the claim’s value, including evidence of all efforts to find another job, such as copies of advertisements, job applications, invitations to interview and rejections. An accurate and realistic assessment of loss, backed up by supporting evidence, can help promote a settlement.

Tribunals will expect to see a Schedule of Losses early in the process, identifying the claimant’s losses, their basis and how they are calculated. The schedule can be updated as the claim progresses. It is very important to be accurate when completing the schedule and to avoid inflated or unrealistic claims.