Completing the ET1 Form

The ET1 is the form that needs to be completed in order to start a claim in an Employment Tribunal. The form can be accessed at

 

https://www.employmenttribunals.service.gov.uk/employment-tribunals

 

The form can be completed and submitted on-line through this website or printed off and completed in paper form.

 

If you choose to complete the ET1 in paper form you will then need to send it to the central claim centre at:

 

Employment Tribunal Central Office

PO Box 10218

Leicester

LE1 8EG

 

You must include the appropriate fee for your claim or an application for fee remission.

 

More information on Employment Tribunal fees

ET1 minimum information

The ET1 form has some information that must be included ('minimum information') and which must be accurate - if it is not the Employment Tribunal must reject the claim form which has been submitted. The mandatory information is:

  • the name of each claimant
  • the address of each claimant
  • the name of each respondent
  • the address of each respondent
  • the early conciliation number for the case issued by ACAS

OR confirming that an early conciliation number is not needed because:

  • the claim does not institute 'relevant proceedings' as listed in section 18(1) of the Employment Tribunal Act 1996
  • that one of the exemptions to Early Conciliation applies

Any claim form which is rejected can be resubmitted but there is a danger that the time limit for submitting the claim may expire before resubmission and applications for reconsideration of the rejection (see below) or extensions of time may need to be considered.

[Rule 10 Employment Tribunals Rules of Procedure]


Sterling v United Learning Trust UKEAT/0439/14

Rejection of ET1 due to 'substantive defect'

The ET1 form (or part of it) can be rejected by the tribunal for a number of reasons, including:

  • it raises a claim the tribunal cannot decide
  • it is an form which cannot be reasonably responded to
  • an Early Conciliation number is not provided or a valid exemption claimed
  • the names of the claimant or respondent are not consistent with the Early Conciliation Certificate

[Rule 12 Employment Tribunals Rules of Procedure]

Reconsideration of rejected ET1

Where an ET1 form is rejected by the tribunal because it does not contain the minimum information or has substantive defects (see above) a claimant may apply to the tribunal to ask for reconsideration of the decision because:

  • the decision was wrong
  • the defect can be rectified

The application must be in writing to the tribunal within 14 days of the sending of the notice of rejection explaining the grounds relied on. The application can be decided by a judge without a hearing or a hearing can also be requested.


Where the defect causing the rejection has been rectified the judge can order that the ET1 be treated as presented on the date of rectification.

[Rule 13 Employment Tribunal Rules of Procedure]


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