This guide is maintained as a current resource for September 2026 and covers only the laws of England and Wales. Information is for general guidance, not legal advice. Consult a qualified solicitor for advice specific to your situation.
Comprehensive guide to multiple claimant Employment Tribunal proceedings in England and Wales. Explains how group claims work, procedural rules for joint ET1 forms, early conciliation, case management, benefits and challenges, and practical guidance for claimants.
In employment law in England and Wales, a multiple claimant proceeding arises when two or more individuals bring related claims against the same employer (or respondent) to an Employment Tribunal. Multiple claimant claims are common in situations such as collective redundancies, equal pay disputes or systemic unfair treatment affecting a group of employees. This article explains how multiple claimant proceedings work, the legal framework governing them, practical steps for claimants, procedural requirements, risks and common questions, helping readers understand how claims involving more than one claimant are started, managed and heard.
What Is a Multiple Claimant Proceeding?
A multiple claimant proceeding is where two or more people bring tribunal claims arising out of the same or similar facts, circumstances or legal issues against a common respondent. This is different from separate individual claims which are unrelated in substance. Multiple claims are often grouped administratively and managed together to improve efficiency and judicial consistency. In tribunal statistics, multiple claim cases are where two or more claimants pursue related claims collectively.
Examples include a group of employees made redundant in the same restructure, or several staff claiming equal pay in similar roles. Administratively, these cases are managed together, but each claimant may still have individual issues and remedies.
Legal Framework and Procedure
Tribunal Rules on Multiple Claimants
Under the Employment Tribunal Procedure Rules 2024, two or more claimants may include their claims on the same claim form (ET1) if:
- Their claims give rise to common or related issues of fact or law; or
- It is otherwise reasonable for the claims to be made together on one form.
This updated rule reflects a broader test than earlier versions of the rules, expanding the circumstances in which multiple claims can be combined.
If claimants wrongly include multiple claims on a single form without satisfying the criteria, the tribunal will treat that as an irregularity under the procedural rules, which may result in rejection or correction.
Early Conciliation with ACAS
Before lodging a claim, each prospective claimant must notify ACAS under the early conciliation process. For group claims, a representative (such as a trade union, solicitor or one of the claimants acting on behalf of others) can submit a group application form to ACAS with the names and details of all individuals in the group. ACAS will issue a unique multiple claimant early conciliation reference number (with prefix “MU”) for that group claim.
If batches of claimants are added on different days, ACAS may issue separate MU reference numbers for each batch. All cases within that dispute will be handled by the same conciliator.
Starting a Multiple Claim
Completing the ET1 Claim Form
To start a group or multiple claimant claim, the representative or one of the claimants should complete:
- A single ET1 form listing each claimant's name and address;
- The respondent's name and address; and
- The early conciliation number(s) for the group claim.
Alternatively, each prospective claimant may file individual ET1 forms and ask the tribunal to link or combine the claims where appropriate. Adding the names of other claimants in section 3 of the ET1 facilitates linking and joint case management.
Tribunals require complete minimum information (claimant and respondent details, and conciliation numbers) or they will reject the claim.
Respondent(s) and EC Certificates
If there are multiple respondents (for example, a company and an individual director), claimants must notify ACAS about each respondent before submitting the claim. Early conciliation certificates must be obtained for each respondent named in a multiple claimant case.
Linking and Case Management
Once multiple claims are filed, the tribunal usually issues directions to link dependent or similar claims administratively and manage them together. This means the tribunal:
- Schedules preliminary hearings and case management directions collectively;
- Coordinates disclosure, witness statements and hearing timetables; and
- May group evidence on common issues of fact or law.
Joint management can improve efficiency and avoid inconsistent outcomes where the underlying facts are similar. Some claimants may choose to attend hearings together or hear evidence sequentially, depending on how the tribunal structures the hearing.
Practical Considerations for Claimants
Benefits of Multiple Claimant Proceedings
- Efficiency: Shared evidence and common legal issues can reduce duplication of time and costs.
- Consistent outcomes: A single tribunal panel hearing related issues together helps avoid conflicting decisions.
- Support: Claimants can benefit from collective representation by unions or support groups.
Challenges and Risks
- Complexity: Claims involving multiple individuals and potentially multiple respondents can be procedurally complex, requiring careful drafting of the claim details.
- Individual differences: While facts or legal issues may be common, individual circumstances can differ (for example, dates, losses and remedies), requiring tailored submissions within the group context.
- Procedural irregularities: Mistakes in including multiple claimants on a single form without satisfying rule requirements can lead to rejection or corrections.
Advising Claimants
Claimants in multiple claimant cases should:
- Ensure each claimant's early conciliation is completed and documented;
- Provide accurate claimant and respondent details;
- Identify and explain common or related issues of fact or law;
- Work collectively on evidence and legal submissions where appropriate; and
- Be clear about any differences between individual circumstances.
Comparative and Judicial Considerations
Tribunal rules have evolved to make it easier to include multiple claimants on the same claim form. Historically, rule provisions required a stricter “same set of facts” test; modern rules allow multiple claims where issues are common or related or otherwise reasonable to combine. This reflects a procedural shift prioritising efficiency and judicial economy.
Recent judicial decisions emphasise careful application of rule requirements, especially in mass claims such as equal pay actions with nuanced factual differences among claimants. Claimants and representatives must be mindful of tribunal guidance and case law affecting group claim procedures.
Common Questions
Does each claimant need a separate claim form?
No. Multiple claimants may file on a single ET1 if their claims involve common or related issues of fact or law, or if it is otherwise reasonable to do so under the tribunal rules.
What happens if one claimant's claim differs materially from others?
If differences are significant, the tribunal may handle parts of the claims separately or require additional directions to manage individual aspects alongside common issues. Each claimant retains individual remedies and losses.
Can multiple claimants appoint a representative?
Yes, a trade union, solicitor or another claimant may act as a representative in early conciliation and tribunal proceedings, provided they have consent from all claimants.
Are there reduced fees for multiple claimants?
Tribunal fees historically offered scaled fees for multiple claimants, but claimants should always confirm current fees and remission arrangements with the tribunal.
Key Takeaways
Multiple claimant proceedings allow two or more individuals to bring related employment tribunal claims against the same respondent. The Employment Tribunal Procedure Rules permit multiple claimants to use a single claim form where common or related issues of fact or law arise, or it is reasonable to do so. Claimants must complete early conciliation for each respondent and provide accurate details on the ET1. Multiple claimant cases streamline litigation, promote consistency and can reduce administrative burdens, but they require careful preparation to ensure procedural compliance and to address both common and individual elements of the claims.
