How to Complete an ET1 Form for a Discrimination Claim

The ET1 form is the official document used to start a claim in the Employment Tribunal in England and Wales. When a discrimination claim is made under the Equality Act 2010, the ET1 sets out the legal basis of the case, the facts relied upon, and the remedy sought.

The form is central to tribunal proceedings. Errors, omissions, or unclear drafting can affect how the claim is processed, so understanding each section is important before submission.

This guide explains how to complete the ET1 form specifically for discrimination claims, including structure, required information, and common issues.

What the ET1 Form Is Used For

The ET1 form is used to:

• Start a legal claim in the Employment Tribunal
• Set out allegations against an employer or respondent
• Identify the legal basis of the claim (such as discrimination, harassment, or victimisation)
• Provide details required for case management

Once submitted, the claim is served on the respondent, who replies using an ET3 form.

The ET1 is the foundation of the entire case.

Legal Basis for Discrimination Claims

Most discrimination claims are brought under the Equality Act 2010.

Protected characteristics include:

• Age
• Disability
• Sex
• Race
• Religion or belief
• Sexual orientation
• Gender reassignment
• Pregnancy and maternity
• Marriage and civil partnership

Common legal claims entered on an ET1 include:

• Direct discrimination
• Indirect discrimination
• Harassment
• Victimisation

The ET1 must clearly link the facts to one or more of these legal categories.

Step 1: Claimant and Respondent Details

Claimant information

This section requires:

• Full name
• Address
• Contact details
• Employment status (employee, worker, or former employee)

Respondent information

The respondent is usually the employer. You must include:

• Full legal name of the organisation
• Address for service
• Any relevant trading name

Incorrect naming can cause delays or enforcement issues, so the legal entity should be correctly identified.

Step 2: Early Conciliation Details

Before submitting an ET1, most claimants must go through Early Conciliation with ACAS.

The ET1 requires:

• Early Conciliation certificate number
• Dates of conciliation
• Confirmation of whether settlement was attempted

Without this certificate, the tribunal will usually reject the claim.

Step 3: Employment Details Section

This section sets out the working relationship and includes:

• Job title
• Start date and end date (if applicable)
• Workplace location
• Pay and benefits
• Working hours

For discrimination claims, this context helps establish:

• Comparator evidence (how others were treated)
• Employment status (employee vs worker vs applicant)
• Ongoing or historical pattern of conduct

Accuracy is important, particularly where dismissal or resignation is part of the claim.

Step 4: Details of the Claim (Most Important Section)

This is the core narrative of the ET1 form.

It should explain clearly:

• What happened
• When it happened
• Who was involved
• Why the treatment was discriminatory

Structuring the narrative

A clear structure is typically used:

1. Chronology of events

• List incidents in date order
• Include key decisions, comments, or actions

2. Protected characteristic

• Identify the relevant characteristic (e.g. disability, sex, race)
• Explain why it is relevant

3. Unfavourable treatment

• Explain what treatment was less favourable
• Compare with how others were treated (if relevant)

4. Link to discrimination

• Explain why the treatment is believed to be because of the protected characteristic

Step 5: Types of Discrimination to Specify

The ET1 should identify which legal categories apply:

Direct discrimination

Less favourable treatment because of a protected characteristic.

Indirect discrimination

A policy or practice that disadvantages a protected group.

Harassment

Unwanted conduct related to a protected characteristic that creates a hostile environment.

Victimisation

Less favourable treatment because a person has raised a complaint or supported a claim.

Each type should be linked to specific facts rather than general statements.

Step 6: Injury, Loss, and Impact

The ET1 should explain the effect of the discrimination, including:

• Financial loss (lost earnings, benefits, pension impact)
• Emotional impact (stress, anxiety, humiliation)
• Career impact (loss of promotion opportunities)
• Health impact (where relevant and evidenced)

This section helps the tribunal assess potential compensation.

There is no upper limit on discrimination compensation in tribunal claims.

Step 7: Remedy Sought

Claimants must state what outcome is being requested, such as:

• Compensation
• Interest on compensation
• Reinstatement or re-engagement (less common)
• Recommendations for workplace changes

The remedy should match the nature of the harm described.

Step 8: Additional Information and Attachments

Supporting information may include:

• Witness names
• Key documents (emails, HR records, policies)
• Timeline summaries

However, full evidence is usually provided later in the process. The ET1 should remain clear and concise.

Step 9: Submitting the ET1 Form

The ET1 can be submitted:

• Online via the Employment Tribunal service
• By post in limited circumstances

Once submitted:

• The tribunal acknowledges receipt
• The claim is served on the respondent
• The respondent files an ET3 response

Common Mistakes When Completing an ET1

1. Lack of detail

Vague allegations weaken the claim. Specific events and dates are important.

2. Missing ACAS certificate

Without the ACAS certificate, the claim may be rejected.

3. Incorrect legal framing

Failing to identify the correct type of discrimination can affect how the tribunal interprets the claim.

4. Out-of-time claims

Most claims must be submitted within three months less one day from the act complained of, subject to limited extensions during Early Conciliation.

5. Inconsistent facts

Inconsistencies between the ET1 and later witness statements can affect credibility.

Practical Considerations

• The ET1 sets the scope of the case; later expansion is limited
• Clear chronology improves case management efficiency
• Tribunal judges rely heavily on the written claim before hearings
• The respondent will use the ET1 to prepare their defence

Key Takeaways

Completing an ET1 form for a discrimination claim requires accurate identification of the parties, compliance with ACAS Early Conciliation requirements, and a clear factual narrative linking workplace treatment to a protected characteristic under the Equality Act 2010.

The most important section is the detailed description of events, supported by a clear explanation of how discrimination occurred and what remedy is sought. Precision, structure, and factual clarity are essential, as the ET1 forms the basis of the entire tribunal case.