Summary
Summary Draft Essay on Employment Tribunal Process
- Module
- Employment Law
- Institution
- Edge Hill University (EHU)
Draft Essay on Employment Tribunal Process
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Employment law tribunal procedureET1 Form
For a claimant to start employment tribunal procedures, they must complete and
submit an ET1 form.1 The completion of the ET1 form has been mandatory since 1 st
October 2005.2
The ET1 form must include specified relevant information, this includes the names
and addresses of the claimant(s) and respondents(s), i.e. the employer. 3
If the claim, or part of it, is accepted it is assigned a case number and a copy of the
form is given to the respondent(s).4 Respondents are also given information
regarding whether any part of the claim has been rejected. 5
The claim can be rejected because it has been incorrectly filled out, e.g. not included
all of the claimants names,6 or because the employment judge considers that the
claim has no chance of success or is an ‘abuse of process’. 7 The notice of rejection
explains why the claim, or part of it, has not been accepted, and how to apply to
have their claim reconsidered.8
The claimant can apply within 14 days of the notice of rejection with their reasons as
to why their claim should be allow to proceed. They can argue that either the claim
has been wrongfully dismissed, or that the ‘notified defect’ 9 can be amended.10 The
1
Citation needed – legislation
2
Citation needed - legislation
3
Citation needed - legislation
4
ETROP s15
5
ETROP s15 (a)
6
The Employment Tribunals Rules of Procedure (Regulation 13(1)) s. 10(1)(b)(i)
7
The ETRoP Reg 13 s12 (1)(b)
8
The ETRoP Reg 13 s10(2) & s12(3)
9
ETROP s13(2)
10
ETRop s13(2)
, claimant can also request that the application be considered at a hearing. 11 The
application hearing will be decided by the judge sitting alone, with only the claimant
in attendance.12
If the claimant does not request a hearing, the judge will consider the application and
decide whether the claim is to be accepted.13
ET3 Form
The employer uses the ET3 form to respond to a claim made through the ET1 form.
The use of the ET3 has been mandatory since 1 st October 2005.
The employer has 28 days to send their response from the day they were sent a
copy of the ET1.14 The employer can apply to have this time limit extended, which
must be done before the end of the 28 days. 15
If the response is rejected, it will be returned to the employer with a notice of
rejection.16
The application for an extension of the time limit must be made in writing, detailing
the reason for seeking an extension, any requests for a hearing if one is desired,
include a draft of the proposed response or an explanation for why one cannot be
given and a copy must be given to the claimant.17
11
ETROP 13(2)
12
S13(3) ETROP
13
ETROP s13(3)
14
ETROP s16 (1)
15
ETROP s20(1)
16
ETROP s17 (2)
17
ETROP s20(1)
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