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How to do an ET1 employment tribunal
claim form online

 

The new ET1 employment tribunal claim form is difficult to complete online. In this article we explain how to do it, step by step. The form itself can be accessed by clicking here. The headings below are the same headings as used on the form, and we have given some guidance as to which answers to provide.

 

Overview of fees – Just hit ‘next’. Normally its £250 to issue most claims. 

Claim Type – single claim

 

Remission – select ‘no’ unless you have no money and earned no money last month. Remission is explained in form EX106A, the first section. Its means-tested and allows people not to pay the £250 if they are broke.

 

Does your claim relate to – redundancy payments and unauthorised deductions have a slightly lower issue fee of £160 instead of £250. But mostly the answer here is ‘not applicable.’ This is confusing because if you’ve been made redundant and you wish to claim unfair dismissal, you don’t select ‘redundancy’ here. You only select redundancy where your claim relates only to the non-payment of statutory redundancy by your employer (very rare).

 

Failure by Secretary of State – no in 99.9% of cases.

 

Appeal against a notice – no in 99.9% of cases.

 

Another type of claim – generally tick this box

 

Fee – tick to agree it

 

Your details – self explanatory

 

Respondent’s details – employer’s details

 

Do you have an ACAS Early Conciliation Certificate number – enter your certificate number here. If you don’t have one, then you need to get one. Access the ACAS form here. This is free. You will then be contacted by ACAS. Once they’ve tried and failed to negotiate a settlement, or if you tell them to issue a certificate prior to that point, they will issue you a certificate. This just ensures that all Claimants have at least attempted to settle out of court.

 

Do you wish to add additional Respondents – probably only if your employer changes whilst you were employed. For example a corporate buy-out whereby one company bought your employer company.

 

Multiple cases – unlikely, unless there’s a group of you all suing the same employer.

 

Were you employed by a Respondent – highly likely that the answer will be yes.

 

Employment details – self explanatory

 

Earning & Benefits – eg company car, health insurance, bonus, commission

 

Type of claim – choose from list

 

Details of claim – this is the most important section. Its often advisable to instruct a lawyer to draft this part. If you want to do it yourself, we have some free templates here which you can attach to your claim. (If you write more than 70 lines it will all count, but they simply won’t send you a copy of additional lines automatically – you just call them and ask them for a copy. Easier than uploading an RTF file for most people.)

 

What you want if your claim is successful – normally compensation only

 

What compensation or remedy are you seeking – just write ‘damages’ (this is standard and it gets assessed much later)

 

Whistleblowing claim – only if you were fired or treated badly for uncovering illegal activity

 

Payment – self explanatory. Normally its £250 to issue the claim. Then later on there may be a £950 hearing fee, but this is only payable shortly before the final hearing, which will be many months away (because the tribunals are busy). Most cases settle before the £950 becomes payable.

 

 

 

If you would like to speak to us about possibly drafting a bespoke Grounds of Complaint for you, or for any other negotiation query, contact us here or call us on 0800 533 5134 or email [email protected]

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