Making An Employment Tribunal Claim: How To Complete Your ET1 Form

How to complete an ET1 form correctly, avoid common mistakes, and strengthen your Employment Tribunal claim in England and Wales

If you believe you have been unfairly dismissed, discriminated against, or had your employment rights breached, you may have grounds for an Employment Tribunal claim. The first formal step in that process is submitting an ET1 form - and how well it is prepared can have a significant impact on the outcome of your case.

Here are ten things every claimant in England and Wales should understand before submitting their ET1.


1. Why is the ET1 form so important?

The ET1 is not simply an administrative form - it is the legal foundation of your claim. It determines what arguments you are permitted to rely on, how your employer is required to respond, and how the Tribunal understands your case from the outset.

A well-prepared ET1 can significantly strengthen your position. A poorly drafted one can limit your options before proceedings have even begun.

✦ Key takeaway: Your ET1 sets the boundaries of your case. Getting it right from the start matters.


2. What is the time limit for submitting an ET1?

Most Employment Tribunal claims must be submitted within three months less one day from the date of the incident or the last act complained of. This applies to:

  • Unfair dismissal

  • Discrimination claims

  • Harassment and victimisation

  • Unlawful deduction of wages


Missing this deadline can result in your claim being automatically rejected, regardless of how strong the underlying case may be. Time limits in Employment Tribunal proceedings are strictly enforced.

✦ Key takeaway: The three-month deadline is one of the most common reasons valid claims are lost. Act promptly.


3. Do you have to contact ACAS before submitting an ET1?

Yes. Before submitting your ET1, you must go through Early Conciliation with ACAS (the Advisory, Conciliation and Arbitration Service). Once this process is complete, you will be issued an Early Conciliation Certificate number, which is a mandatory requirement for your ET1.

Without this certificate number, your claim will not be accepted by the Tribunal.

✦ Key takeaway: ACAS Early Conciliation is a legal requirement, not an optional first step.


4. What claims can you include on an ET1 form?

You must clearly identify all of your legal claims at the point of submission. Common claims include:

  • Unfair dismissal

  • Wrongful dismissal

  • Disability discrimination under the Equality Act 2010

  • Workplace harassment

  • Victimisation

  • Breach of contract


If you fail to include a claim at this stage, you may need to seek Tribunal permission to add it later - and this is not guaranteed. It is important to identify every relevant claim before you submit.


✦ Key takeaway: You cannot easily add new claims after submission. Include everything relevant from the outset.


5. How do you write strong Particulars of Claim?

The Particulars of Claim is the most important section of your ET1. It is your opportunity to set out the facts of your case clearly and connect them to the legal issues you are relying on.

Strong Particulars of Claim should:

  • Be clearly numbered and easy to follow

  • Present events in chronological order

  • Identify the key individuals involved

  • Link each factual point to a specific legal issue

  • Highlight any breaches of employment law


Think of it as a structured legal narrative - factually grounded, logically ordered, and focused on what the law requires you to establish.


✦ Key takeaway: Vague or disorganised Particulars of Claim weaken even the strongest underlying cases.


6. What are the most common ET1 mistakes?

Many Employment Tribunal claims fail or are significantly weakened by avoidable errors at the ET1 stage. The most common include:

  • Vague or emotional wording instead of clear factual statements

  • Omitting relevant legal claims

  • Incorrect or incomplete respondent details

  • Missing or approximate dates

  • Poorly structured or insufficiently detailed Particulars of Claim


Each of these can be avoided with careful preparation - or with the assistance of a specialist employment barrister.

✦ Key takeaway: The most damaging ET1 mistakes are almost always avoidable with the right support.


7. Do you need to include a Schedule of Loss?

A full Schedule of Loss is not required at the ET1 stage but it is worth outlining your losses clearly. This should include:

  • Loss of earnings to date

  • Future loss of income

  • Pension loss

  • Injury to feelings, in discrimination claims


Setting out the value of your claim early can help establish the seriousness of your position and, in some cases, encourage an early settlement before a hearing becomes necessary.


✦ Key takeaway: Quantifying your loss early signals the strength of your claim and can prompt earlier resolution.


8. Who should you name as the Respondent?

Naming the correct respondent is essential. You must include:

  • The correct and full legal name of your employer

  • Registered company details where applicable

  • Any relevant individuals, in certain discrimination claims


Errors here can lead to delays, the need for amendments, or legal challenges from the employer. Checking Companies House for the registered name of your employer before submitting is a straightforward step that avoids a common problem.

✦ Key takeaway: An incorrectly named respondent can derail your claim before it has properly begun.


9. Can you attach extra pages to an ET1?

Yes - and in most cases, you should. The ET1 form itself has limited space, which is rarely sufficient for a well-developed legal argument. Attaching a separate, professionally drafted document allows you to:

  • Set out detailed Particulars of Claim

  • Present structured legal arguments

  • Provide a clearer and more compelling narrative


Well-prepared Employment Tribunal claims almost always include additional documentation beyond the form itself.


✦Key takeaway: The ET1 form is the starting point, not the limit of what you can submit.


10. Do you need a solicitor to prepare an ET1?

No - and instructing a solicitor is not always the most cost-effective route. Through direct access, you can instruct a specialist employment barrister without needing to go through a solicitor first.

At Direct Barrister Network, this means you can:

  • Have your ET1 professionally drafted or reviewed

  • Receive clear, specialist legal advice at an early stage

  • Instruct on a fixed-fee basis

  • Be represented at your Employment Tribunal hearing if required


Direct access to a barrister gives you expert employment law advocacy without the additional layer of cost or delay that a solicitor referral can involve.


✦Key takeaway: You do not need a solicitor to access specialist employment law expertise. Direct access makes it simpler and more affordable.


Your ET1 is the beginning - make it count

An Employment Tribunal claim can feel like a daunting process, particularly if you have never been through it before. But the ET1 stage - done well - puts you in the strongest possible position from day one.

At Direct Barrister Network, we connect claimants directly with experienced employment law barristers who can draft, review, and advise on your ET1, support your preparation, and represent you at your hearing. Clear advice. Fixed fees. No solicitor required.


Speak to a specialist employment barrister today

Whether you need your ET1 drafted from scratch, reviewed before submission, or full representation at your Tribunal hearing, contact our clerking team for straightforward advice and fixed-fee support.


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