What is an ET3 in Employment Tribunal?

Once you submit your ET1 form, this will either be accepted or rejected by the Tribunal. If rejected, you’ll receive a notice explaining the reasons for the rejection (such as insufficient or unclear information or claiming in the wrong court) and how to apply for a reconsideration. If accepted, you’ll receive a formal Notice of Acknowledgement. The Tribunal will send a copy of your ET1 to the Respondent (the person you’re making the claim against).

The Respondent has 28 days to respond to your claim (your Notice of Acknowledgement will confirm the deadline date). They do this by filling out an ET3 form, which they send to the Tribunal. 

After the Tribunal has received the ET3, they will send you a copy - this could take a few days. It’s important to be patient at this point - perhaps call the Tribunal for an update if you haven’t received the ET3 a couple of weeks after the 28 days has passed.

If your employer fails to submit an ET3 within the 28 day deadline, the Tribunal may issue a default judgement in your favour. 

What is an ET3?

An ET3 is the Respondent’s opportunity to answer your claim. In other words, they will explain their side of events.  

Receiving the ET3 can be an upsetting experience, so it’s best to prepare yourself. Perhaps read it with a trusted friend or colleague who can offer their support. Your employer will try to discredit your claim and weaken your case. You may feel they have misrepresented the situation. Building your case to submit an ET1 form can feel empowering; don’t lose heart if you feel deflated or angry when you read your employer’s answer, it’s a natural response. Try to remain confident in your case.

If your employer's ET3 is vague or unclear, use our Request for Further and Better Particulars template to get a better picture.

Do I need to respond to an ET3?

No, you’re not required to respond to your employer’s ET3. The Tribunal won’t consider any response you make, they will disregard it. Nor should you respond to your employer directly. You could accidentally reveal valuable information or key arguments. This will give your employer the advantage of having more time to prepare their defence and could undermine your negotiating power at the hearing. 

The best approach is to focus on preparing your own evidence and arguments. The hearing room is the place to present your information. 

What should I do when I receive my employer's ET3?

Review the ET3

Carefully read through your employer's ET3 to understand their perspective and identify areas of potential disagreement. 

Prepare your case 

Now you have your employer’s response, you can anticipate what they might say in a hearing. This allows you to prepare both mentally, and tactically, for what lies ahead. Gather all necessary evidence to support your claim and be prepared to present your arguments during the hearing or settlement negotiations. 

You can use the Valla platform to create a timeline of events and attach evidence - sign up for a free Valla account. 

What happens after I receive the ET3?

The Tribunal will review the ET1 and the ET3 to decide if a preliminary hearing is required. A preliminary hearing is an initial meeting before the main hearing. The purpose of a preliminary hearing is to:

• clarify any issues
• set a timetable for the case
• identify any parts of the claim which should be removed
• decide if any expert reports are required. 

This type of preliminary hearing is about the management of the case, not the substance of the claim, so don’t worry if you feel you haven’t been heard at this stage; that will come later. Learn more about preliminary hearings.

If a preliminary hearing isn’t required (likely because the issues at hand are simple or undisputed) a date will be set for a final hearing where both parties will present their arguments with evidence and a decision will be made.

In some cases, there can be more than one preliminary hearing before the case is ready to progress to a final hearing. These can be further case management preliminary hearings, or they can be held to determine an issue that needs to be decided - this is called a substantive preliminary hearing.

If you’ve received a copy of an ET3 form and you’re feeling daunted, or overwhelmed and not sure how to move forward; we’re here to help. Find out more about legal coaching service.