The ET1 Claim Form
[ch 13: pages 496-497]A tribunal claim is made by completing a Claim Form known as a Form ET1. The claim can be made online or by post. It must be accompanied by:
• a tribunal fee or valid application for “Help with fees” (see page 492); and
• the Acas Early Conciliation (EC) Certificate reference number, which must be recorded on the Form ET1 (see page 490).
Use of Form ET1 is compulsory. If the claim is not submitted on the correct form, or if some of the information is missing or illegible, it will not be admitted. It is important to make sure all the claims a member plans to make are included. If a claim, such as disability discrimination, unfair dismissal or unlawful deduction of wages, is not included, it will not be part of the claim and adding it at a later date will be very difficult.
The Acas EC Certificate reference number must be correctly recorded, or else the claim will be rejected. In Sterling v United Learning Trust [2015] UKEAT 0439/14/DM, a claimant who made a mistake on her Form ET1 with two digits of her reference number had her claim rejected. She missed the claim deadline as a result and was not allowed to bring her claim for unfair dismissal.
A paper copy of the ET1 claim form can be obtained from Jobcentres, most advice agencies, Citizens Advice and benefit offices, or it can be downloaded, with guidance, from the Gov.UK webpage: Take your employer to an employment tribunal. (https://www.gov.uk/employment-tribunals/make-a-claim)
There is an employment tribunal public inquiry telephone number: 0845 7959775 for copies in alternative formats, such as large print or Braille.
The government wants most claimants to submit their claims online. The weblink for online applications is: https://employmenttribunals.service.gov.uk/apply.
There is a “talk through” service for people who cannot use a computer without help.
One advantage of an online application is that an immediate email acknowledgement is provided, leaving no room for argument over whether the claim was issued in time. It is also easier to make sure nothing essential is omitted.
If the ET1 Claim Form is submitted by post, it should be sent to the Employment Tribunal Central Office (England and Wales) PO Box 10218, Leicester LE1 8EG, or in Scotland to the Employment Tribunals Central Office (Scotland) PO Box 27105 Glasgow G2 9JR. A tracked postal method should be used.
A tribunal claim form submitted by the claim deadline will still be in time even though it is not actually processed by the tribunal until after the deadline has passed.
Faxed and emailed claim forms are not allowed.