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Common Types of Claims Made Using the ET1 Form?
The ET1 form is used to start a wide range of employment tribunal claims. The five most common types include:
Unfair dismissal
Discrimination (race, sex, disability, etc.)
Redundancy pay disputes
Unpaid wages or holiday pay
Sexual harassment
Pregnancy and maternity-related issues (e.g., redundancy during pregnancy, failure to allow return to work, or less favourable treatment)
Each claim type has its own legal requirements and evidential needs, so it’s important to set out the facts clearly and link them to the relevant legal tests.
While the form appears straightforward, many claims falter at this stage—not because the law is against the claimant, but because the form is completed in a way that fails to meet the tribunal’s technical expectations. Below, I set out the most common and subtle mistakes that can undermine even the strongest cases, with a focus on discrimination, sexual harassment, and unfair dismissal.
Common Mistakes in ET1 Forms
Failure to Map Facts to Legal Tests
The tribunal is not there to “work out” your case for you. If you allege discrimination, you must show how the facts fit the legal definition: for example, identifying the protected characteristic, the unwanted conduct, and the link between them. In unfair dismissal, you must state the date of dismissal, the reason given, and why you believe the dismissal was unfair under the Employment Rights Act 1996.
Chronology and Specificity
Successful claims set out a clear, dated sequence of events. Vague statements like “I was bullied for months” are much less effective than “On 12 March, my manager said X; on 15 March, I was excluded from Y meeting.” This allows the tribunal to see patterns and escalation.
Describing Impact and Response
The best forms do not just list what happened, but also how it made you feel and behave. For example: “After the incident, I suffered anxiety, took sick leave, and my performance was affected.” This is vital for both remedy and credibility.
Evidence Integration
Reference specific documents (emails, policies, medical notes) and explain their relevance. For example, “See attached email dated 14 April, where I raised my concerns and was ignored.” This shows you understand the evidential burden.
Anticipating the Employer’s Defence
Pre-empt common arguments. If you allege harassment, address the possibility that the employer will call it “banter.” If you allege unfair dismissal, explain why the stated reason is a pretext or procedurally flawed.
Remedy and Reasonable Adjustments
Be specific about what you want: reinstatement, re-engagement, or a particular sum. If you need adjustments (e.g., for a disability), state this clearly and early.
Time Limits and ACAS Early Conciliation
If your claim is late, provide a detailed, credible explanation. Attach the ACAS certificate and explain any gaps.
Use of Additional Information
Use this section to clarify complex points, explain gaps, or add context that doesn’t fit neatly elsewhere.
ET1 Completed Example: Racism (Race Discrimination Claim)
A strong ET1 for race discrimination will:
Identify the protected characteristic (e.g., “I am Black British”).
Specify the unwanted conduct: “On 3 February, my supervisor made a comment about my accent in front of colleagues, saying, ‘You people always talk like that.’”
Link the conduct to less favourable treatment: “After this, I was excluded from team meetings and denied training opportunities that were offered to White colleagues.”
Reference comparators: “My colleague, who is White British, was not subject to such comments and continued to receive training.”
Evidence: Attach emails showing exclusion from meetings, training records, and any internal complaints raised.
Impact: “I felt humiliated and isolated, which led to anxiety and time off work.”
Anticipate defence: “The employer may claim this was ‘banter,’ but the repeated nature and exclusion from opportunities show a pattern of discrimination.”
Remedy: “I seek compensation for injury to feelings and loss of earnings, and a recommendation for anti-racism training in the workplace.”
ET1 Completed Example: Sexual Harassment Claim
Identify the protected characteristic (e.g., “I am female and was subjected to unwanted sexual conduct”).
Specify the conduct: “On 10 May, my line manager sent me inappropriate messages after work hours, including comments about my appearance and requests to meet privately.”
Show the conduct was unwanted: “I replied stating I was uncomfortable and asked for the messages to stop, but they continued.”
Link to detriment: “After I rejected his advances, my shifts were changed at short notice and I was excluded from key meetings.”
Evidence: Attach screenshots of messages, rota changes, and any written complaints or HR correspondence.
Impact: “I felt distressed, anxious, and my sleep was affected. I sought counselling and my GP prescribed medication for anxiety.”
Anticipate defence: “The employer may argue the messages were friendly or consensual, but my responses and subsequent exclusion show otherwise.”
Remedy: “I seek compensation for injury to feelings, loss of earnings, and a recommendation for staff training on sexual harassment.”
ET1 Completed Example: Redundancy—Laid Off, Then Rehiring for a Similar Role
A well-framed ET1 for unfair dismissal by reason of redundancy should:
Set out the business reason given for redundancy: “On 2 March, I was told my role as Finance Administrator was being made redundant due to restructuring and a reduction in business need.”
Detail the sequence: “I was dismissed on 31 March. On 15 May, the company advertised a vacancy for ‘Accounts Coordinator’ with duties almost identical to my previous role.”
Reference the legal test under section 139 of the Employment Rights Act 1996: “The requirements for employees to carry out work of a particular kind had not ceased or diminished, as evidenced by the new vacancy.”
Evidence: Attach the redundancy letter, job advert for the new role, and a comparison of job descriptions.
Show lack of fair process: “I was not consulted about alternative roles, nor offered redeployment, contrary to the company’s own redundancy policy.”
Impact: “I suffered financial loss and distress, as I was led to believe my skills were no longer needed.”
Anticipate defence: “The employer may claim the new role was different, but the job description and duties are substantially the same.”
Remedy: “I seek compensation for unfair dismissal and loss of earnings, and a finding that the redundancy was a sham.”
ET1 Completed Example: Pregnancy and Maternity Discrimination—Redundancy During Maternity Leave
A well-prepared ET1 for pregnancy and maternity discrimination could:
Identify the protected characteristic: “I was pregnant and on maternity leave at the time of the events.”
Set out the sequence: “On 10 June, while on maternity leave, I was informed by email that my role as Marketing Executive was at risk of redundancy. I was not consulted or offered any suitable alternative vacancies, despite other roles being available.”
Reference the law: “Under section 18 of the Equality Act 2010 and the Protection from Redundancy (Pregnancy and Family Leave) Act 2023, I am entitled to protection from redundancy and to be offered suitable alternative employment if available.”
Evidence: Attach the redundancy letter, evidence of available vacancies, and any correspondence showing lack of consultation or offers.
Show less favourable treatment: “A colleague who was not on maternity leave was offered a similar role, while I was dismissed.”
Impact: “I felt distressed and unsupported, and my financial security was affected during maternity leave.”
Anticipate defence: “The employer may claim there were no suitable roles, but the vacancy list and internal emails show otherwise.”
Remedy: “I seek compensation for injury to feelings, loss of earnings, and a recommendation for improved maternity policies.”
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Disclaimer
This article is for informational purposes only and does not constitute legal or financial advice. Employment Tribunal outcomes depend on the specific facts, evidence, and circumstances of each case.
The examples and guidance provided are intended to help claimants understand common pitfalls and considerations when completing an ET1 form.
Outcomes in tribunal proceedings will vary depending on the weighting and relevance of the evidence submitted.
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