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Employment Tribunal Response UK: ET3 Form Guide

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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
Receiving notification of an Employment Tribunal claim from a current or former employee can be unsettling, and the clock starts ticking the moment the paperwork lands. As the respondent, you have a narrow window to file a proper defence, and missing that window can mean losing the right to defend the claim at all. This guide walks through what an employer needs to do after being served with a claim, from completing the ET3 response form to understanding where Acas fits in. It covers the basic information the tribunal expects, what happens if you need more time, and some of the more specialised claim types you might encounter. The process is procedural rather than mysterious, but getting the fundamentals right early on makes a significant difference to how the case unfolds.

Overview

An Employment Tribunal claim is a formal complaint brought by a worker or former worker against an employer, typically covering matters such as unfair dismissal, discrimination, unpaid wages, redundancy disputes, or breaches of contract. When a claim is filed, the tribunal sends the employer a copy of the claim form (ET1) along with a response form known as the ET3.

The ET3 is your opportunity to set out your side of the story, confirm which parts of the claim you accept or dispute, and explain the factual and legal basis for your defence. Tribunals operate under the Employment Tribunals Rules of Procedure, and while the system is designed to be more accessible than the ordinary courts, the deadlines and requirements are taken seriously.

A response that is late, incomplete, or missing key information can be rejected, which may leave the claim effectively uncontested. Preparing a considered response from the outset tends to save considerable time, cost, and stress later in the process.

Key steps

  1. Read the claim carefully and note the deadline. When you receive the ET1 claim form, check the date it was sent to you, as this starts the 28 day clock for your response. Read the claimant's allegations in full, identify which parts you agree with and which you dispute, and gather any employment records, correspondence, and policies that relate to the issues raised.
  2. Complete the ET3 response form. Use the official ET3 form provided by HM Courts and Tribunals Service, either the paper version sent to you or the online version on the gov.uk website. Include your full name and address, the case number, and a clear indication of whether you are defending all or part of the claim, along with the grounds for your defence.
  3. Submit within 28 days and keep a copy. File your completed ET3 with the tribunal before the deadline expires, whether by post or online. Keep a copy for your own records and always quote the case number in any future correspondence. If you are requesting any specific order from the tribunal, let the claimant know so they can raise any objections promptly.
  4. Request an extension if you genuinely need one. If you cannot realistically meet the 28 day deadline, you can apply in writing for extra time, setting out the reasons fully. If you apply after the deadline has already passed, you will usually need to attach a draft of your intended response or explain why a draft cannot be provided. The Employment Judge decides whether to allow the extension.
  5. Engage with Acas conciliation. Once a claim is filed, Acas is automatically notified and a conciliator may contact both sides to explore whether a settlement can be reached without a full hearing. Engaging constructively with this process can resolve the matter faster, more privately, and at lower cost than proceeding all the way to a tribunal hearing.

Common questions

If you're dealing with this kind of situation, a call with an experienced legal adviser can help you work out the right next step — from £149.

Common questions

Q How long do I have to respond to an Employment Tribunal claim?
You have 28 days from the date the tribunal sent the claim form to you, not 28 days from when you received it. The response must reach the tribunal within that period, so allow time for posting if you are sending it by post. Missing the deadline without a granted extension usually means the claim proceeds as if you had not responded, which is a serious position to be in.
Q What happens if my ET3 response is rejected?
A response can be rejected if it is missing required information, such as your full name and address, or a clear statement about whether you dispute the claim. If this happens, the tribunal returns the form and the case may proceed as if no response had been filed. You may be able to reapply or seek reconsideration, but it is far better to get the initial submission right.
Q Can I dispute only part of the claim?
Yes. The ET3 allows you to accept some elements of the claim while defending others. For example, you might accept that a payment is owed but dispute the amount, or accept that a dismissal occurred but argue that it was fair in the circumstances. Be specific about which parts you are contesting and your reasons, as vague responses can weaken your position at hearing.
Q What role does Acas play once a claim is filed?
Acas, the Advisory, Conciliation and Arbitration Service, is notified when a claim reaches the tribunal and offers free conciliation to help both sides explore settlement. Their conciliators act as neutral intermediaries, carrying offers and discussing positions without taking sides. Many tribunal claims settle through this route, avoiding the time, cost, and publicity of a full hearing.
Q Do I need a solicitor to respond to a tribunal claim?
There is no legal requirement to instruct a solicitor, and employers do sometimes handle straightforward responses themselves. However, the tribunal process involves strict rules on evidence, witnesses, and procedure, and the financial exposure on some claims can be significant. Getting some guidance early on, even just to sense-check your approach, is often a sensible investment.
Q What is a Public Interest Disclosure claim?
A Public Interest Disclosure claim, often called a whistleblowing claim, arises when a worker alleges they suffered a detriment or were dismissed because they raised concerns about wrongdoing in the public interest. These claims carry particular legal tests around what counts as a protected disclosure, and the potential awards can be uncapped in dismissal cases, so they need careful handling.
Q Can I settle the claim after filing my ET3?
Yes, settlement is possible at any stage before a tribunal judgment is handed down, and many claims resolve well after responses have been filed. Settlements are usually recorded through Acas as a COT3 agreement or through a settlement agreement drawn up between the parties. Once finalised, the claim is withdrawn and the matter concluded without a hearing.
If you're dealing with this kind of situation, a call with an experienced legal adviser can help you work out the right next step — 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.