United Kingdom · employment

How to Complete Form ET3 in the Employment Tribunal (UK)

Receiving an Employment Tribunal claim (ET1) triggers a strict 28-day countdown to file your Form ET3 response under United Kingdom tribunal rules. Failing to respond properly or on time can lead to a default judgment that bars you from defending the claim entirely. This guide explains how to complete each section of Form ET3, draft robust Grounds of Resistance, and protect your legal position.

The 28-Day Deadline and Legal Framework in the United Kingdom

In the United Kingdom (England, Wales, and Scotland), responding to an Employment Tribunal claim is governed by the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013. Under Rule 16 of Schedule 1, a respondent must submit a formal response on the prescribed Form ET3 within 28 days of the date the tribunal office sent the claim pack. Crucially, this deadline runs from the date printed on the tribunal's notification letter, not the day you opened your post.

Ignoring the claim or missing the deadline carries severe consequences. Under Rule 21, if no valid ET3 response is presented within the 28-day window or if a response is rejected, an Employment Judge can issue a default judgment on liability without a hearing. Once a default judgment is issued, the respondent is typically restricted from taking any further active part in the proceedings except in very limited circumstances regarding remedy.

Under Rule 17, the tribunal will automatically reject an ET3 if it is not on the prescribed form, fails to provide the respondent's mandatory contact details, or does not clearly state whether the claim is resisted in whole or in part. It is critical to treat this form as a formal pleading that sets the boundaries of your entire defence.

Section-by-Section Breakdown of Form ET3

Sections 1 and 2 cover respondent and representative details. Ensure your legal name matches the entity named in the ET1 and ACAS Early Conciliation certificate. If the claimant misnamed your company or sued an individual manager incorrectly, state the correct legal identity clearly and outline the discrepancy in your response.

Section 3 and 4 confirm employment details and earnings. You must indicate whether you agree with the dates of employment, job title, and weekly pay figures provided by the claimant on their ET1. Discrepancies regarding gross pay, net pay, notice periods, or continuous service dates must be corrected here, as these figures form the baseline calculation for statutory redundancy payments and compensatory awards under the Employment Rights Act 1996.

Section 5 asks whether you defend the claim in whole or in part. Section 6 is where you set out your Grounds of Resistance. Do not rely on generic, vague denials. Your Grounds of Resistance should be a numbered, chronological legal statement answering each specific allegation in the ET1. Identify preliminary legal objections immediately, such as claims brought outside statutory time limits (typically three months less one day under the Employment Rights Act 1996 or Equality Act 2010) or lack of qualifying service for ordinary unfair dismissal.

Managing Extensions, Evidence, and Next Steps

If you cannot reasonably complete your Grounds of Resistance within 28 days due to missing records or witness availability, you must apply for an extension of time under Rule 20. This application must be made before the initial deadline expires, explain in detail why the extension is necessary, state why granting it complies with the Overriding Objective (Rule 2), and be copied to the claimant. Never assume an extension will be granted automatically.

Organise your contemporaneous documents immediately: contracts of employment, staff handbooks, email chains, disciplinary or grievance minutes, and investigation notes. What you assert in Form ET3 must align strictly with your documentary evidence, because departing from your pleaded defence later requires formal tribunal permission to amend pleadings.

Caunsel is not a law firm and does not file tribunal documents or provide formal representation on your behalf. However, you can use Caunsel's platform to research UK employment law precedents, organise your chronologies and dispute documents in a secure case workspace, or connect with a regulated, independent employment solicitor who can review your draft ET3 before submission.

Steps

• Check the Tribunal covering letter immediately and calculate the 28-day submission deadline starting from the date the letter was sent.
• Review each allegation in the claimant's Form ET1, cross-referencing ACAS Early Conciliation details and verifying whether the correct legal entity has been named.
• Draft comprehensive, numbered Grounds of Resistance addressing every factual allegation, stating what is admitted, what is denied, and raising any jurisdictional objections (such as time limits).
• Complete Form ET3 online via GOV.UK or download the official PDF, attaching your Grounds of Resistance and ensuring all mandatory fields in sections 1 to 6 are answered.
• Submit the completed form to the Employment Tribunal before 23:59 on the 28th day and retain electronic proof of receipt or submission confirmation.

Common mistakes

• Calculating the 28-day deadline from the date you received or opened the postal pack instead of the date it was dispatched by the tribunal.
• Filing a 'bare denial' stating only that the claim is denied without setting out the factual narrative or legal basis of your defence.
• Failing to raise statutory jurisdictional objections early, such as out-of-time claims or lack of 2 years' continuous service for unfair dismissal claims.
• Leaving respondent contact details or conciliation questions blank, causing the response to be automatically rejected under Rule 17.

Questions people ask

Can I get an extension of time to submit my Form ET3?

Yes, under Rule 20 of the Employment Tribunal Rules, you can submit an application for an extension of time to the tribunal office. The application must be made before the 28-day deadline expires, set out clear and substantial reasons for the delay, explain the length of extension requested, and be copied to the claimant. Extensions are not granted automatically.

What happens if I miss the 28-day ET3 deadline?

Under Rule 21, the tribunal may issue a default judgment determining liability against you without holding a full hearing. You will generally be barred from participating in the proceedings unless you successfully apply for an extension under Rule 20 or apply for reconsideration of the rejection under Rule 19.

Can I attach my Grounds of Resistance as a separate document?

Yes. Most respondents state 'Please see attached Grounds of Resistance' in Section 6.1 of Form ET3 and upload or attach a separate, numbered document. Ensure your attached document clearly lists the case number, claimant's name, and respondent's registered legal name at the top of every page.

General information only, last updated 2026-10-12. Caunsel is not a law firm and does not practise law. AI answers and this guide are not legal advice. Verify filings, deadlines, and statutes with a licensed lawyer in United Kingdom.