What is the process after a claim has been issued in an Employment Tribunal?

What is the process after a claim has been issued in an Employment Tribunal?

Having received a claim (ET1) the Employment Tribunal will send the employer notice of the claim. The employer must submit its defence (on form ET3) to the Tribunal within 28 days of the date on which the ET1 was sent to it.

Once the Tribunal has accepted the ET3, it will send a copy to the Claimant and to ACAS (Advisory, Conciliation and Arbitration Service).

The Tribunal will then direct what procedural steps have to be taken by each party, with timelines for each. This timetable will either be issued automatically by the Tribunal, or following a hearing (called a “case management discussion”) at the Tribunal offices, where the parties are required to attend.

The timetable is likely to provide for:

  • The parties to exchange a list and copies of all documents that they have that are relevant to the issues in the claim
  • Any experts’ reports to be obtained and exchanged
  • The exchange of witness statements
  • Preparation of an indexed and paginated documents bundle
  • Fixing dates for the claim to be heard by the Tribunal
  • The Claimant to prepare a schedule of loss

Disclaimer: This information is provided for general guidance only and is not intended to constitute legal advice. You must consult our employment solicitors if you require advice on your situation or circumstances.

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