How to Draft Particulars of Claim for an Employment Tribunal (ET1)
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Submitting a claim to the Employment Tribunal using the ET1 form can feel daunting, especially with limited space in Box 8.2. For most cases, attaching a separate document titled "Particulars of Claim" is standard practice. This document is your chance to set out the facts and legal basis for your claim in a clear, professional narrative. A well-drafted rider reduces the risk of your claim being struck out for lack of detail and helps both the Judge and Respondent understand your dispute.
Why the "Rider" Matters
The Particulars of Claim is a legal pleading, not just a story. Under Tribunal rules, your claim must contain enough information for the respondent to reply. Vague claims (e.g., "they were mean to me and fired me") can lead to orders for "Further and Better Particulars," causing delays and extra costs.
Structure: How to Organise Your Draft
Numbered Paragraphs: Every paragraph should be numbered for clarity.
Headings: Use clear headings like "The Parties," "Background," "The Dismissal," and "The Law."
Chronological Order: Tell your story in the order events happened, using specific dates.
Step-by-Step Content Guide
1. The Parties and Background
Begin with the basics:
"The Claimant was employed by the Respondent as a Senior Project Manager from 1st June 2021 until her dismissal on 5th February 2026."
State your salary and notice period.
2. The Facts (Narrative)
Set out the material facts leading to the dispute.
Avoid characterisation: Instead of "he shouted at me aggressively," use "On 12th January, Mr. Smith spoke to the Claimant in a raised voice and used the following words..."
Identify the breach: If claiming Unfair Dismissal, explain the process followed (or not followed) by the employer. Did they comply with the ACAS Code?
3. The Legal Claims
Specify which laws you rely on:
Unfair Dismissal: Section 94 Employment Rights Act 1996.
Discrimination: Section 13 (Direct) or Section 19 (Indirect) Equality Act 2010.
Whistleblowing: Section 47B Employment Rights Act 1996.
4. The Remedy Sought
State what you want the Tribunal to do:
Reinstatement.
Compensation (mention financial compensation; a Schedule of Loss is usually submitted later).
Declaration of discrimination.
Common Pitfalls to Avoid
Over-Pleading: Don’t include every minor disagreement. Focus on events leading to the legal breach.
ACAS Certificate: You must mention completion of Acas Early Conciliation and include your certificate number at the top of the ET1.
Time Limits: The deadline is almost always 3 months less one day from the date of the act you’re complaining about.
Final Review Checklist
[ ] Are all paragraphs numbered?
[ ] Have you checked for typos in names and dates?
[ ] Does the document clearly state why you believe the law was broken?
[ ] Is it under the word count limit if pasting into the form (usually uploaded as a PDF/Word attachment)?
Conclusion
Drafting your own Particulars of Claim is a significant task, but following a chronological, fact-based, and numbered structure gives your case the best possible foundation. It signals to your former employer that you are organised and understand the legal framework.
Disclaimer: This article is general information. It's not legal, financial or tax advice.
Disclaimer: This article is general information, not financial, tax, or legal advice. Unwildered is not a law firm and does not provide legal advice or act as solicitors.
