On 3 August 2023, HM Courts & Tribunals Services (HMCTS) issued updated versions of the ET1 and ET3 forms - forms used to bring, or respond to, a claim in the Employment Tribunal. These are available to download on the Government website.
What are ET1 and ET3 forms?
An ET1 claim form is used to start a claim in an employment tribunal whereas an ET3 form is the document that employers use to respond to an unlawful treatment claim made by an employee in the employment tribunal claim.
What Changes Have Been Introduced?
The revised forms bring subtle, yet important changes to the process of submitting and responding to employment tribunal claims.
The Updated ET1 Form
In a bid to promote inclusivity, there is now ‘other’ as an alternative title rather than simply Mr, Mrs, etc. The updated form also adds the option of ‘prefer not to say’ for the claimant’s sex. Similarly, ‘fax’ has been removed as a contact option to reflect developments in modern communication.
The most significant change is that ‘whistleblowing’ has been added as a specific type of claim for claimants to tick. Claimants can now easily indicate that they are making a whistleblowing claim alongside any other claim, for example, unfair dismissal, and can specify the relevant regulator to whom they want a copy of their form to be sent. This addition reflects the increasing importance given to whistleblower protection within the employment law landscape.
There have also been changes to the section regarding video and phone hearings. Previously, a single tick box covered consent for both types of hearing. The new form presents these options separately and claimants are required to provide an explanation on the ET1 form if they do not consent to video/phone hearings.
The Updated ET3 Form
The updated ET3 Form introduces a question relating to the type of company the respondent (employer) is. This aims to ensure correct categorisation during the case management process. It also asks the respondent whether it wishes to contest all or part of the claim.
Both forms also give examples of reasonable adjustments that might be made for those claimants or respondents who have indicated that they need support during the proceedings owing to a disability or condition.
Modernising the Employment Tribunal Process
The recent updates to the employment tribunal forms highlight the ongoing efforts to enhance and modernise the employment tribunal process.
Since the new ET1 and ET3 forms are prescribed forms, there is a technical requirement to use the latest versions. Claims or responses submitted using previous versions may be deemed invalid, making it important to use the most current forms available.
If you would like more information on submitting or responding to a claim in the employment tribunal, contact our experienced Employment Law team today via email.
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