Find out how to fill in an ET1
If you’re looking to find out how to fill in an ET1 then, chances are, that you are either reading this because you have completed Early Conciliation through ACAS without a settlement, or you are just getting ahead of the game and checking what your next steps are.
With the Employment Tribunal procedure, as the employee, you are called the Claimant and you need to complete a claim form, otherwise known as an ET1.
There are no fees to file an employment tribunal claim, and neither are there any fees to submit an ET1.
So, how do you complete the form?
The Employment Tribunal system work as best they can electronically and therefore the most common way to file your ET1 form is online. You can download and post the form but the Employment Tribunal prefer online applications so this is recommended.
You need to start on the Gov.UK website and follow the initial stages: Make a Claim section then click the ‘Claim online’. You will then be prompted with a reminder to ensure you have completed Early Conciliation and to check you are filing your claim online.
Note – time limits in the Employment Tribunal are very strict so you need to make sure that you are filing in time. If not, it risks your claim either not being accepted or struck out down the line. ACAS involvement through Early Conciliation stops the clock but the length of time stopped depends on what stage you started the process. We recommend you take legal advice (which we at Swan Craig can provide) if you are unsure.
When you feel ready, head to the Gov.UK Make a Claim to an Employment Tribunal page. You then need to click on ‘Start a Claim’ (green button if this is the first time). You will be issued with a claim number. It is important you keep a note of this because you can start and stop, and log back in, partway through completing the ET1; in which case select ‘Return to a Claim’ and then you will be asked for your claim number.
You will be asked for your email address and to input a memorable name. The email is option but it helps to receive an email with the claim number.
You are then taken through to the main claim form (ET1 document). It’s here that you’ll fill in an ET1 form. Each section requires certain information and not all fields are mandatory. As this is the online procedure, it will prompt on which fields are compulsory if you miss any of these.
The sections are as follows:
- Your details – this is all about you and your contact information.
- Respondent’s details – these are the details of your employer / ex-employer. It is very important that the Company name matches the Company name shown on your Early Conciliation Certificate. If you worked at a different address to the Company’s registered address, that is ok, as this section gives you the opportunity to put the different addresses down. You can sue more than one Respondent, for more information on this, contact us to discuss your potential claim. You will also be asked here to input your Early Conciliation Certificate number, again it is very important that you put the exact number and reference.
- Multiple cases – if you know of others who are suing the same employer.
- Cases where the Respondent was not your employer
- Employment details – this section asks for your dates of employment, job title, whether you work a notice period (not applicable if you are suing while still employed).
- Earnings and benefits
- If your employment with the respondent has ended, what has happened since – this is the section to include details of when you started your new job, if applicable.
- Type and details of your claim. – i.e. what your claim(s) is/are. You should both tick the relevant box, as well as inserting a written description of what your claim is about. You have two options with the detail of your claim, otherwise known as your particulars of claim. You can either write them into the online form (NB there is limited space) or you can write it on a Word document and upload it. You can also do both i.e. start on the ET1 and attach the balance as a Word document.
Top tip – if you upload separate particulars, remember to put the party names on this document. You won’t have the official case number so party names will be enough to identify your claim. You also need to save the document as an ‘RTX’ file to upload it. Remember to save a copy for your own records.
9. What do you want if your claim is successful – this is where you fill in details about what outcome you want such as getting your job back, financial compensation etc (there are options available) and you can include details about the finances sought if you know them.
10. Information to regulators in protected disclosure cases – this is a question about whistleblowing claims.
11. Your representative – if you are completing the form yourself then you are unlikely to be legally represented. If you are legally represented, the law firm should be completing and submitting the form for you. However, in the Employment Tribunal, you can be represented by friends and family members. If you are being helped, their details are inserted here. NB, it means they are the primary contact who the tribunal and Respondent will contact instead of you.
12. Disability – this is to state whether you have a disability and require any adjustments by the tribunal.
13. Details of additional respondents – only applicable if you are suing more companies/individuals
14. Final check – this is a prompt to ensure you review all your answers and you are satisfied with them before then submitting the claim. You should then receive an email to confirm the submission.
Your pdf copy of the ET1 will then be available in your Gov.UK account (created by the online submission). We recommend downloading a copy you on your own computer, so you hold both the ET1 pdf and your Word document particulars of claim in one place.
Now you’ve learnt how to fill in an ET1
What happens next? You’ll receive an acknowledgement from the employment tribunal. After that, you’ll need to wait for the employer to file their defence. At that stage, you’ll be contacted by the tribunal who will explain the next stage.
At Swan Craig Solicitors, our team of highly qualified employment solicitors have the experience and legal knowledge to assist individuals with representation in Employment Tribunal and Employment Appeal Tribunal claims. For professional legal advice and a friendly approach, get in touch with our team of employment law specialists today on [email protected] or call us on 01179200128.
