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ET3 Response Form UK: Reply to Tribunal Claims

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Part ofEmployment Tribunals UK

Written by Brad Askew Solicitor (non-practising)
Brad is on the roll of solicitors of England & Wales but does not hold a practising certificate and does not provide legal advice.
Updated June 2026 · England & Wales
If someone has brought a claim against your organisation at an employment tribunal, you will usually receive a copy of their ET1 claim form along with a blank ET3 response form. The ET3 is how you, as the respondent, formally reply to the allegations and set out your side of the story. It matters a great deal, because what you write here shapes the direction of the entire case. Miss the deadline or leave parts blank and you risk losing the right to defend yourself at all. On this page I walk through what the form covers, how each section works, and the practical points worth thinking about before you submit it. If you want to talk it through with someone before you file, a short call can help you feel more prepared.

What this document is

The ET3 is the official response form used in England, Wales and Scotland when a respondent needs to answer a claim that has been lodged with an employment tribunal. It sits as the counterpart to the ET1 (the claim form) and is issued by HM Courts and Tribunals Service.

Once a tribunal accepts an ET1, they send it to the respondent together with a blank ET3 and set a deadline for the reply, which is typically 28 days from the date the claim was sent out. The form asks for information about your organisation, your comments on what the claimant has said about early conciliation and their employment, and most importantly, the grounds on which you are resisting the claim.

It also gives you space to bring a contract counter-claim of your own where that is appropriate. A respondent who fails to submit an ET3 in time may be barred from taking part in the hearing and could have judgment entered against them by default.

How to use this document

  1. Check the deadline on your covering letter. When the tribunal sends you the ET1, they include a letter stating the date by which your ET3 must be received. This is normally 28 days from when the claim was sent, not when you received it. Diary this date immediately and work backwards from it. Late responses are only accepted in limited circumstances, and the tribunal is not obliged to grant an extension.
  2. Gather your employment records. Before you start writing, pull together the claimant's contract, pay records, disciplinary notes, correspondence, and anything else relevant to the issues they have raised. You will need accurate dates, figures, and job titles to complete the factual sections. Inconsistencies between your ET3 and your actual records can undermine your credibility later if the case goes to a full hearing.
  3. Complete each section carefully. Work through the form in order: respondent details, comments on the early conciliation information, confirmation of employment dates and pay, and then the response itself. For each point the claimant has raised, state whether you agree, disagree, or say the issue is not within your knowledge. Vague or blanket denials tend to get picked apart, so be specific.
  4. Set out your grounds of resistance. The heart of the ET3 is the section where you explain why the claim should fail. Address each allegation the claimant has made and give your version of events, supported by dates and facts. If you want to raise a contract claim against the claimant, include it here. Keep the writing clear and structured rather than emotional.
  5. Submit before the deadline. The ET3 can be filed online through the gov.uk service, by post, or by email to the relevant tribunal office. Keep a dated copy of everything you send and proof of submission. If you realise after sending that something is wrong or missing, you may be able to apply to amend your response, but it is far better to get it right first time.

Common questions

If you're dealing with this kind of situation, speak to an experienced legal adviser who can walk you through it — from £149.

Common questions

Q How long do I have to respond to an ET1 claim?
You normally have 28 days from the date the tribunal sent you the claim, not the date you received it. The deadline is set out in the covering letter that comes with the ET1 and ET3. If you need more time, you must apply to the tribunal in writing before the deadline expires and give reasons. Extensions are at the tribunal's discretion and are not granted automatically.
Q What happens if I do not submit an ET3 in time?
If no response is received by the deadline, the tribunal may issue a default judgment against you, meaning the claimant can win without a hearing on the merits. You would also lose the right to participate in proceedings unless a judge later grants permission. Applying to set aside a default judgment is possible in some cases but is far from guaranteed, so filing on time is much safer.
Q Can I bring a counter-claim through the ET3 form?
Yes, the ET3 includes a section for an Employer's Contract Claim, which lets you raise a contractual claim against the claimant arising from their employment. This is limited to contract-based claims and has its own rules and value caps. You cannot use it for every type of dispute, so it is worth thinking carefully about whether it applies to what you want to raise.
Q Do I need a solicitor to complete the ET3?
No, respondents can complete and file the ET3 themselves. Many small employers do. That said, tribunal claims can be complex and the drafting of your grounds of resistance often shapes how the rest of the case unfolds. Some respondents get professional help for the drafting even if they handle later stages themselves. A short call with an experienced legal adviser can help you decide how much support you need.
Q What should I say about Acas early conciliation?
The form asks you to confirm whether the details the claimant gave about early conciliation are correct, including the certificate number and dates. If you took part in conciliation, check the Acas paperwork you were sent against what the claimant has written. If anything is wrong, note the discrepancy. If you were not contacted by Acas at all, say so, because this can sometimes affect whether the tribunal has jurisdiction.
Q Can I change my ET3 after I have submitted it?
You can apply to the tribunal to amend your response, but permission is not automatic. The tribunal will consider factors like how significant the change is, why it was not included originally, and whether it prejudices the claimant. Minor corrections are usually allowed, but adding new grounds of resistance late in the day is harder. It is much better to take your time and get the original response right.
Q What if more than one respondent is named in the claim?
Where a claimant names several respondents, each one normally files their own ET3. You should only answer for your own organisation or yourself and not assume someone else will cover a point. Where interests align, respondents sometimes coordinate their responses or share a legal representative, but each ET3 is treated individually by the tribunal.
If you're dealing with this kind of situation, speak to an experienced legal adviser who can walk you through it — from £149.

Sources

This guide is based on primary UK law and official guidance.

Brad Askew, Solicitor (non-practising)

Written & reviewed by

Brad Askew Solicitor (non-practising)

Brad is on the roll of solicitors of England & Wales but does not hold a practising certificate and does not provide legal advice. LegalDocuments.co.uk is not a law firm and does not provide regulated legal advice.

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Legal disclaimer
This article is for general information only. It is a tool to help you find your way — not legal advice, and not a substitute for speaking to a qualified adviser about your situation.