Identify the current stage
Record whether the matter is an informal concern, grievance, disciplinary process, internal appeal, ACAS Early Conciliation, tribunal claim or response. Each route has a separate objective and recipient.
Do not assume that completing an internal procedure preserves every external time limit. Check the current tribunal and ACAS information as soon as a legal claim may be contemplated.
Record employment status and relationship
Gather the contract, offer, job description, policies, pay records and evidence of the actual working arrangement. Employment status and the identity of the correct respondent may affect the available route.
Record changes of employer, transfers, agency arrangements, group companies and individual decision-makers accurately. Avoid naming a party without a factual basis.
Create a complete chronology
List the material acts, communications, meetings, decisions, complaints and outcomes in date order. Identify when the claimant says the relevant act occurred and when each document was received.
Where a series of events is relied on, explain the connection without assuming that every event forms one continuing act. Limitation analysis requires careful individual verification.
Use ACAS information correctly
Keep the Early Conciliation notification and certificate details exactly as issued. Check which prospective parties were covered and how the certificate relates to the proposed claim.
Do not guess the effect of Early Conciliation on a deadline. Use the verified dates and obtain individual assistance where the calculation is uncertain.
Prepare an ET1 factual case
State the employment relationship, relevant protected characteristic or right where applicable, material events, respondent conduct, loss and remedy. Separate each legal complaint and the facts said to support it.
Avoid copying every workplace complaint into the claim without explaining legal relevance. The tribunal and respondent should be able to understand the essential case that must be answered.
Prepare an ET3 response
Read the complete ET1 and tribunal correspondence. Answer each material allegation as admitted, denied with a positive account, or not admitted where proof is required.
Identify jurisdictional points, employment status, dates, policies, investigation material and the respondent's alternative chronology. A bare denial may leave the pleaded case unanswered.
Organise loss, remedy and evidence
Use payslips, benefit records, job-search evidence, medical records where relevant and a transparent schedule to support financial assertions. Distinguish past and continuing loss.
Identify witnesses and documents for each disputed issue. Preserve electronic records and avoid altering original messages or files.
Check submission and case-management requirements
Verify the current online route, response pack, deadline, party names, certificate details and confirmation of submission. Retain the final version and receipt.
After acceptance, comply with tribunal orders concerning disclosure, witness statements, schedules, preliminary hearings and bundles. The original pleading should remain consistent with later documents or explain any proposed amendment.
Frequently asked questions
Does a grievance extend the tribunal deadline?
Do not assume so. Internal procedures and statutory tribunal time limits operate differently.
Is ACAS Early Conciliation always required?
There are exceptions, but the current requirements must be checked for the proposed claim.
When does an ET3 response period run?
Use the tribunal's documents and current official process. Do not calculate from an assumed receipt date.
Can the claim be amended later?
An amendment may require tribunal permission and consideration of fairness, timing and the nature of the new case.
Should every workplace problem be included?
Include facts relevant to the claims and remedy, not an unstructured archive of every disagreement.
Prepare before acting
- contract and policies
- complete chronology
- ACAS certificate
- correct parties
- ET1 or ET3 documents
- verified deadline
- allegation-by-allegation response
- loss calculation
- witness and document map
- submission receipt
Legal and procedural foundation
- ACAS Early Conciliation
- Make an Employment Tribunal claim
- Respond to an Employment Tribunal claim
Forms, deadlines, fees, filing and service requirements must be checked against the current official material and the circumstances of the particular matter.
Verify the current position
Links lead to the material used to structure this publication.