ET3 Form

Caragh Bailey
3 min read
ET3 Form from Employment Law Friend

What is an ET3 form?

When you bring a dispute to the employment tribunal you submit an ET1 Form which tells the tribunal who you are, who your employer is and what claims you are bringing against them. Once this has been received and accepted by the employment tribunal, they send a response pack to your employer, which will include the information you have provided in your ET1, as well as an ET3 form for them to complete.

In the ET3 form your employer can confirm or deny the information you have provided. They can also explain their counter argument. If they are defending your claim, why the actions you're claiming against are false, or if they confirm the actions, why they are legally justified. They may accept your claims, but dispute your the award you are claiming for.

ET3 Response Example:

They may accept your claim that your dismissal was unfair, but make their case that you should have your award reduced because of your conduct, which contributed towards your dismissal. They will then outline any misconduct and any action they took.

How long does an employer have to respond to an ET1?

Your employer has 28 days to respond to an ET1 by submitting their ET3 Form. If they miss this deadline the tribunal might make a decision without them. Their absence may help you win your case.

Many employers use legal tactics to squash your case. If you have made a mistake on your ET1, even in a small way, they may wait right until the end of the 28 day period to respond. This could mean that you do not have time to correct it within the employment tribunal time limit for your case. Make sure you get your ET1 Form submitted correctly. Our employment solicitors can help.

What happens after ET3 submitted?

You will be sent a copy of your employer's ET3 response form. It is important to read this through carefully and assess what defence and arguments your employer will rely on at your hearing. Make a note of the points that you disagree with and think about what evidence you will need to challenge them. It would be useful to include your arguments against these points in your witness statement. You may decide at this point to hire a solicitor to present your case and represent you at the hearing(s)

ET3 Form from Employment Law Friend

Frequently Asked Questions
103,984 employment tribunal applications were made in the year 2019/2020. 740 of these were awarded compensation. However, many of these applications would not have been accepted and many claimants withdraw their case when they realise the mental and financial costs involved. The number will also be lowered by the amount of cases which are settled out of court.

Have you just received a copy of your employers ET3 Response Form?

There is much more to winning your case than simply being in the right, our specialist employment solicitors know all the laws and tactics, to make sure you get the best chance at a fair settlement. Get in contact with us and see how we can help.

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This content is provided free of charge for information purposes only. It does not constitute legal advice and should not be relied on as such. No responsibility for the accuracy and/or correctness of the information and commentary set out in the article, or for any consequences of relying on it, is assumed or accepted by any member of our company. For employment law advice please get in contact and speak to your employment law solicitors.
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