How To Submit An ET1 Form For A Dismissal Dispute

An Employment Tribunal claim in England and Wales is started using the ET1 form. This is the formal document used to bring claims such as unfair dismissal, wrongful dismissal, constructive dismissal, and related dismissal disputes against an employer. The form is issued by the Employment Tribunal service operated through His Majesty's Courts and Tribunals Service (HMCTS).

For dismissal-related disputes, the ET1 form is the central pleading document. It sets out the facts, identifies the legal basis of the claim, and defines what the tribunal will consider at the hearing. Errors or omissions at this stage can affect how the case proceeds.

What the ET1 form is used for

The ET1 form is the legal starting point of an Employment Tribunal claim. It is used to:

• Commence proceedings against an employer or former employer
• Set out the factual background of the dismissal dispute
• Identify legal claims such as unfair dismissal or breach of contract
• Provide details of loss and compensation sought
• Notify the tribunal of the parties involved

The form can be submitted online through the official tribunal system or, in limited cases, using a paper form issued by HMCTS.

Legal framework for dismissal disputes

Dismissal disputes submitted via ET1 typically fall into two main categories:

Unfair dismissal

A statutory claim under the Employment Rights Act 1996, focusing on whether the employer acted reasonably in dismissing the employee.

Wrongful dismissal

A contractual claim based on breach of contract, usually involving:

• Failure to give proper notice
• Failure to pay notice pay
• Breach of contractual disciplinary procedure

Both claims may be included in the same ET1 form where relevant, provided the factual basis supports them.

Mandatory requirement: Acas Early Conciliation

Before submitting an ET1 form, most claimants must complete Acas Early Conciliation.

This involves:

• Notifying Acas of the dispute
• Engaging in a short conciliation period
• Receiving an Early Conciliation certificate if no settlement is reached

The certificate number must be included on the ET1 form. Without it, the tribunal will usually reject the claim.

Time limits for submitting an ET1

Strict limitation periods apply:

• Most dismissal claims: 3 months minus 1 day from the effective date of termination
• Time is paused during Acas Early Conciliation
• Internal grievances or employer appeals do not extend time limits

Missing the deadline can result in the claim being refused unless exceptional circumstances apply.

Step-by-step: How to submit an ET1 form

Step 1: Identify the correct legal claim

Before completing the form, the claimant must determine:

• Whether the dispute is unfair dismissal, wrongful dismissal, or both
• The effective date of termination
• Whether notice pay or contractual benefits are unpaid
• The legal basis for alleging breach or unfairness

This determines how Section 8.2 (grounds of claim) is structured.

Step 2: Gather required information

The ET1 form requires detailed information, including:

• Full legal name and address of the employer (respondent)
• Job title and employment dates
• Salary and benefits
• Date of dismissal or resignation
• ACAS Early Conciliation certificate number
• Summary of facts supporting the claim
• Financial losses claimed

Supporting documents are not usually uploaded at this stage but must be retained for later disclosure.

Step 3: Complete the ET1 form online

The majority of claims are submitted using the online Employment Tribunal service.

Key sections include:

Section 1 – Parties

Details of claimant and respondent, including correct legal entity name.

Section 2 – Employment details

Job role, start date, end date, and pay.

Section 3 – Type of claim

Selection of legal claims such as unfair dismissal or breach of contract.

Section 8.2 – Particulars of claim

This is the most important section. It should include:

• A chronological summary of events leading to dismissal
• The reason given by the employer for dismissal
• Why the dismissal is alleged to be unfair or in breach of contract
• Reference to notice entitlement or contractual terms
• Losses suffered (for example unpaid notice pay)

The tribunal relies heavily on this section to define the scope of the case.

Step 4: Submit the claim

Once completed:

• The ET1 form is submitted electronically
• The tribunal reviews it for completeness
• If accepted, it is served on the employer
• The claim is formally issued

If required information is missing, the tribunal may request corrections or reject the claim.

Step 5: Tribunal serves the claim on the employer

After acceptance:

• The employer receives a copy of the ET1
• The employer has 28 days to submit a response (ET3 form)
• The ET3 sets out the employer's defence

This begins the formal litigation stage.

Step 6: Case management process

Following submission:

• The tribunal may issue case management orders
• Both parties may be required to exchange documents
• A timetable is set for witness statements and evidence bundles
• Preliminary hearings may be listed in complex cases

Common errors when submitting an ET1

Incorrect employer name

Using a trading name instead of the correct legal entity can delay proceedings.

Missing Acas certificate number

This is a mandatory requirement in most cases.

Weak or unclear particulars of claim

Section 8.2 must clearly set out the legal and factual basis of the dismissal dispute.

Missing limitation deadline

Late claims are frequently rejected unless justified.

Mixing legal claims without structure

Unfair dismissal and wrongful dismissal should be clearly separated where both are included.

Compensation in dismissal disputes

The ET1 form should include a summary of losses, which may include:

• Unpaid wages
• Notice pay (wrongful dismissal claims)
• Basic and compensatory awards (unfair dismissal claims)
• Pension or contractual benefits lost due to dismissal

The tribunal determines the final award based on evidence and legal entitlement.

Practical guidance on drafting Section 8.2

A structured approach is typically used:

• Background of employment
• Timeline of key events
• Employer's stated reason for dismissal
• Alleged breaches (contractual or statutory)
• Effect of dismissal on income and employment status

Clarity is prioritised over legal argument. Detailed legal submissions are usually provided later in the process.

After submission: what happens next

Once the ET1 is accepted:

• The case is registered with the tribunal
• The employer files ET3 within 28 days
• A preliminary hearing may be arranged
• Disclosure and witness evidence stages follow
• The case proceeds to final hearing if not settled

Many dismissal disputes settle before reaching a final hearing through negotiation or Acas involvement.

Key Takeaways

Submitting an ET1 form for a dismissal dispute is the formal process for starting an Employment Tribunal claim in England and Wales. The form requires accurate employment details, a valid Acas certificate, and a clear statement of the claim, particularly in Section 8.2. Strict time limits apply, and errors in employer identification or claim structure can affect how the case proceeds. Once submitted and accepted, the tribunal serves the claim on the employer, who must respond within 28 days, leading to the case management and hearing process.