How to Fill in the Employment Tribunal ET1 Online Claim Form
The ET1 Employment Tribunal claim form is tricky to complete online. In this article we explain how to do it, step by step. The form itself can be accessed by clicking here. The headings below are the same headings as used on the form, and we have given some guidance as to which answers to provide.
A complaint to the Employment Tribunal is made on a form called an “ET1”. A lot of the form is concerned with general information, such as the name and address of you and your employer and your dates of employment. However, section 8.2 of the form allows you to set out your complaint under the heading ‘details of claim’. This is your opportunity to explain to the tribunal and to your employer what it is that you are aggrieved about.
It is important to set out all legal complaints in the ET1. For example, if you want to claim both unfair dismissal and pregnancy discrimination then it is important you say this – don’t leave one of them out as it might be difficult to amend your claim at a later stage. Please bear in mind that the details which you submit as the basis for your actual claim are very important as they will form the foundation of your tribunal case. If you miss an important legal aspect of your claim, you may later find that it is out of time (time limits are normally 3 months) and therefore not open for you to claim any more. For this reason, unless yours is a particularly simple claim then you would be best advised to instruct lawyer to help you .
You don’t need to provide witness evidence or legal argument at this stage but it is helpful to include:
- The facts of the case – what you say happened;
- Evidence – why you say the tribunal should accept your version of events (is there an email or a statement that backs you up? Refer to it.)
- Claims – what kind of claims you are making. Unfair dismissal? Sex discrimination? Maternity discrimination? Holiday pay? Then say so.
- Legal argument – why should your claims succeed? This does not have to be lengthy but it is helpful if you can point to any pieces of legislation or judgments that you are relying on.
- Remedy – what is it that you are asking for? If you have been dismissed do you
How to fill in the ET1 form online
Name and Address – Self-explanatory
Group Claims – Select ‘No’ unless you are making a claim with others based on the same legal basis
Representative’s Details – Complete if you have instructed a solicitor or other organisation to represent you during the proceedings.
Name of Respondent – this should be the correct legal title for your employer and should match the information that you provided to ACAS during the Early Conciliation Process.
You should provide the head office address, postcode and telephone number
An additional box will appear if you worked in a different place to the main or head office
Do you have an ACAS Early Conciliation Certificate number? – Enter your certificate number here. If you don’t have one, unless one of the exemptions apply then you need to get one. Access the ACAS form here link. This is a free service. You will then be contacted by ACAS. Once they’ve tried and failed to negotiate a settlement, or if you tell them to issue a certificate prior to that point, they will issue you a certificate. This just ensures that all claimants have at least attempted to settle out of court. Early Conciliation period affects the time limits for bringing a claim which is discussed in more detail in our article on ‘Time Limits for Employment Tribunal Claims’.
Do you wish to add additional respondents? – There may be additional Respondents in some types of discriminations claim and other companies if your employer changes whilst you were employed. For example, if there was a TUPE transfer.
Were you employed by a Respondent? – highly likely that the answer will be yes but you are asked to explain if you are still employed, working your notice period or no longer working for this employer.
About the Claim
You are then asked to provide information about the claim types you are pursuing:
- Unfair Dismissal
- Protective Award
- Other type of claim
- Whistleblowing claim
Claims Details – this is the most important section. It’s often advisable to instruct a lawyer to draft this part. If you want to do it yourself, we have some free templates here which you can attach to your claim. (there is a limit of 2500 characters on the form itself but is possible to upload a text file). Make sure that your text file has been correctly uploaded.
Similar Claims – Do you know if other claimants are making similar claim? Self-explanatory
Claim Outcome – What you want if your claim is successful? Most people will say compensation only but it is worth asking for recommendations and in some cases there can be tactical reasons to ask for old job back or another job with the same employer
What compensation or other outcome are you seeking – just write ‘damages’ (this is standard and it gets assessed much later)
After completing the form
Once you have completed the ET1 form, you will be asked to check your claim before submission, again it is very important that you check that all the information is correct as amending at a later stage can be complex and will generally be at the discretion of the judge. Also, check that the uploaded document has been loaded correctly. Once this is submitted you will receive an email confirmation from the Tribunal of receipt. It is important to keep a copy of what you have submitted for your records.
The Tribunal will process your claim usually within a few days of receipt and send a copy to your employer who will then have 28 day to file their response.