The ET1 Form is a crucial step in the process of taking an employer to employment tribunal. Vagueness and omissions in the form can weaken your case and potentially prevent parts of your tribunal hearing from even being held.
Using a professionally-crafted example of an ET1 template can help you put together your own with confidence and clarity. These templates are based on real-life case studies of our clients’ claims.
The ET1 Form
The ET1 Form is a critical first step in the employment tribunal process in the UK. It sets out the facts and details of your case, including your legal grounds for the dispute and any remedies you’re seeking. It must be filled out carefully to ensure that mandatory sections are completed. Failure to do so could result in your claim being dismissed at the outset.
After you’ve filed your ET1 Form, your employer will need to file a response known as an ET3 form. This document should provide a full and detailed account of their side of the story, responding to any legal points that have been raised in the ET1 Form.
If you’re claiming compensation, it’s often worth seeking the help of a tax accountant to calculate the exact figure. This can be a complex calculation taking into account things like lost wages, benefits, and future earnings potential. It can also have tax implications depending on the type of settlement you receive.
The Particulars of Claim
The Particulars of Claim (sometimes referred to as the ‘declaration of facts’) provides substance and detail to a claim or a defence. They also define the scope of evidence to be put forward at trial. This helps prevent unpleasant or unfair surprises for either party and enables the court process to run smoothly.
The particulars must state all of the facts necessary to constitute the cause of action against which the plaintiff is claiming. It must include the nature of the claim and such conclusions of law as are reasonably entitled to be deduced from the facts stated.
The particulars of claim may be included within the N1 form itself but where the claim is complex they are often contained in a separate document called the ‘declaration of particulars of claim’. They must be sent to the defendant with the N1 claim form at the same time. You can find more information about how to prepare your particulars of claim in our extended guide.
The Schedule of Loss
Typically in an employment tribunal claim the Claimant will need to provide evidence as to how much compensation they have lost and this is done by way of a document called a schedule of loss. This will itemise past and future losses, including lost earnings, a reduction in the value of pension rights, any benefits that have been withdrawn and out-of-pocket expenses. It will also itemise any ‘detriment’ that has occurred such as loss of commission in a whistleblowing case, or loss of a promotion opportunity in a discrimination claim.
This is a key part of the claim and getting it right is vital. However, it can be a difficult thing to do. We recommend that the best approach is to use one of the templates below, which provide a structured framework for the claimant and their representative to present the facts and the figures in a clear and organized manner. This gives them more scope for argument at a later stage. The Respondent will typically produce a counter schedule of loss, which argues for a different valuation of the claim.
The Schedule of Evidence
A schedule is a list of the documents which support your claim. This includes any relevant emails, notes, letters or reports which support the allegations in your ET1. The sensitive material schedule should include a declaration that the disclosure officer has read each piece of evidence and has considered whether it is sensitive.
You can use this template to help you prepare a schedule of evidence for your ET1. This is an example of a diary of events which supports an equality, discrimination and victimisation claim.
Writing a detailed tribunal application can save time, reduce stress and give your case the best chance of success. It can also persuade your employer to settle before the case gets to court. This is especially the case where a case involves a very high compensation claim. The key is to write an extremely thorough and professional tribunal application. This will be easier if you keep the claim to a few key legal claims and follow our tips.ET1 Templates
