In the ongoing efforts to enhance the Employment Tribunal process, His Majesty’s Courts and Tribunals Service (HMCTS) introduced updated versions of the ET1 and ET3 forms on 3^rd August 2023.

The ET1 and ET3 forms are the proscribed forms which must be used in order to commence and defend a claim in the Employment Tribunal. Certain information must be included for the forms to be accepted.

The content of the forms do not significantly differ from the content of the old forms, but some key changes have been made.

The ET1 form is the form Claimants must complete when pursuing a claim against their employers, whereas the ET3 form is the form Respondents (i.e. employers) must complete when defending a claim brought against them in the Employment Tribunal.

Key changes to the ET1 Form

• The section regarding video and phone hearings has been amended. Previously, a single tick box covered consent for both types of hearings. These options are now presented separately on the updated form. Claimants are now also required to provide an explanation if they do not consent to video/phone hearings.

• The updated form also includes a ‘prefer not to say’ as an alternative to Claimants identifying themselves as male or female.

• The type and details of claim section now includes a category for whistleblowing claims, including dismissal or any other treatment suffered as a result of blowing the whistle.

• A Claimant in a whistleblowing claim can now specify the relevant regulator to whom they would like a copy of the ET1 or the information within it to be sent.

Key changes to the ET3

• The updated form introduces a question to identify the type of business run by the Respondent. The aim of this is to accurately categorise the Respondent company during the case management process.

• There are now also separate boxes for the Respondent to indicate whether it can take part in either video or phone hearings. However, the Respondent does not need to provide an explanation if it is not able to take part in either.

• The Respondent is asked to indicate whether it wishes to contest, rather than defend, all or part of the claim.

• The Respondent can also now choose whether to provide annual figures for a Claimant’s pay before tax and normal take-home pay, rather than weekly or monthly figures.

Key changes common to both forms

• Both forms now provide the option of selecting ‘other’ as an alternative designation in the list of titles.

• Methods of contact are limited to email or post and the option for fax has been removed.

As the new ET1 and ET3 forms are proscribed forms, there is a requirement to use the latest versions. Claims or responses submitted using older versions could potentially be deemed invalid by the Employment Tribunal.

Please contact us if you would like more information about Employment Tribunal proceedings,  or any other aspect of employment law at 02920 345 511 or employment@berrysmith.com.