What To Do After The Claim Issued

What To Do After The Claim Issued

After you submit your claim to the Employment Tribunal Service they will look at it and if they accept your claim they will issue a claim number and send a copy of your ET1 along with a letter to the respondent. The respondent then has 28 days (from the date it was sent to the respondent by the Employment Tribunal Service) to respond to the claim on a mandatory from named the ET3. You can view a copy of the ET3 on the link we have provided. Failure to submit the ET3 on time could result in a default judgement which essentially means that they are no longer entitled to a defence of the claim, please click on the factsheet entitled Default Judgement for more information. We have also provided a link which gives an example of a default judgement. If you require for more information about this please feel free to contact us at any time.

Once you have submitted your claim and received a copy of the respondents ET3 setting out their defence you will be in a better position to assess the strength of your case. You will then be required to follow a number of procedural steps before the hearing. These can be broken down into two categories:

  • Procedural Rules
  • Presidential Guidance

Procedural Rules

The rules setting out the procedure to be followed in the tribunal can be found in Schedule 1 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013. Please  have a look at these via the link that directs you to these regulations.

Presidential Guidance

The President of the Employment Tribunals publishes a guidance document that provides guidance about various aspects of an employment tribunal claim. In particular you need to be aware of the General Case management Order and a Link is provided. This sets out various procedural requirements and attaches time limits for both parties. This is expanded upon in our factsheet entitled General Case Management Oder. The guidance also sets out how to do other things associated with your claim. The most important aspects of this are expanded upon in the following factsheets:

Amending a claim

Additional Information

Disclosure of documents

Schedule of Loss

Settlements Agreements

Witness Statements