Last reviewed: June 2026 · For use in England & Wales · eLitigant is a Community Interest Company (No. 16566612), not a law firm. Always check the current official form on GOV.UK before you file, and sign the statement of truth yourself.
Official form & guidance: Form ET3 (Respond to an employment tribunal claim) →
In short
Form ET3 is the official document an employer (the respondent) files to respond to an Employment Tribunal claim brought on Form ET1 — most often for unfair dismissal, discrimination, redundancy or unpaid wages. You confirm whether you resist the claim, set out your grounds of resistance answering every ET1 allegation, give the ACAS early conciliation number and flag any jurisdictional objections, normally within 28 days of the date the tribunal sends you the ET1. Miss it and the tribunal may proceed without your defence. eLitigant’s Chris drafts this for you to a professional standard — you check, sign and file.
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In short: Form ET3 is the official document an employer (the respondent) files to respond to an Employment Tribunal claim brought on Form ET1 — most commonly for unfair dismissal, discrimination, redundancy or unpaid wages. It is your formal defence: you confirm whether you resist the claim, set out your grounds of resistance, give the ACAS early conciliation number and flag any jurisdictional objections, normally within 28 days of the date the tribunal sends the ET1. eLitigant drafts your ET3 from your own facts — or checks the draft you have written — professional and tuned for E&W employment procedure.
Form ET3 is the official document an employer must file to respond to an Employment Tribunal claim. If you have received a claim — most commonly for unfair dismissal, discrimination, or unpaid wages — Form ET3 is how you put your defence on record. For claimants, understanding what a strong ET3 looks like is just as important: it tells you exactly what the employer is disputing, where the battle lines are drawn, and how to prepare your own case accordingly.
When Do You Need Form ET3?
You need Form ET3 if you are an employer who has received notification from the Employment Tribunal Service that a claimant has issued a claim against you using Form ET1. The tribunal will send you a copy of the ET1 along with a formal notice requiring you to respond within a strict time limit.
If the claim was brought by a group of employees, the additional claimants will be listed on Form ET1A (multiple claimants) rather than on separate ET1s — your single ET3 must respond to every claimant named there.
Form ET3 is required whenever:
- An employee or former employee has submitted a tribunal claim naming you as the respondent
- The claim relates to employment matters including unfair dismissal, wrongful dismissal, redundancy pay, unlawful deduction from wages, maternity or paternity rights, or any form of workplace discrimination
- You have been named as a co-respondent alongside another employer or individual
- You are a sole trader, limited company, public body, charity, or any other entity that engaged the claimant under a contract of employment or as a worker
If you do not file Form ET3 before the deadline, the tribunal may issue a default judgment against you without hearing your side of the case. This is not a formality — it is a legally binding outcome that can result in a compensation award, reinstatement order, or other remedy being imposed on you without you having the opportunity to contest it.
For claimants reading this: if the employer fails to file an ET3, or files one out of time, you should immediately notify the tribunal and request a default judgment. This is one of the most significant procedural advantages available in tribunal proceedings.
What Form ET3 Is Used For
Form ET3 serves several distinct purposes within the Employment Tribunal process.
Entering a defence. The ET3 is your formal opportunity to state whether you contest the claim entirely, accept it in part, or admit liability. Every allegation in the ET1 that you do not address in the ET3 may be treated as admitted, so completeness matters. That is doubly true where resignation is in issue — see our Form ET1 constructive dismissal guide for the way such claims are pleaded and therefore what your ET3 must answer.
Setting out the employer’s version of events. The narrative section of the ET3 allows the respondent to explain the background to the dismissal, the disciplinary or capability process followed, or why the alleged discrimination did not occur. This forms the foundation of the employer’s case at the full hearing.
Disclosing whether there was an ACAS early conciliation certificate. Before most tribunal claims can proceed, the claimant must have notified ACAS. The ET3 records the ACAS early conciliation number and indicates whether any settlement discussions took place.
Providing employer and representative details. The tribunal uses the ET3 to identify who will be conducting the defence, whether an employment lawyer or HR professional is involved, and what contact details to use for future correspondence.
Flagging jurisdictional objections. If the employer believes the tribunal does not have jurisdiction to hear the claim — for example because the claim is out of time or the claimant was not an employee — this must be raised in the ET3.
For claimants, studying the ET3 carefully tells you where the employer has conceded ground and where they intend to fight. If an employer fails to deny a specific allegation, note it. If they raise a jurisdictional argument you had not anticipated, take it seriously and prepare a response before the preliminary hearing.
How to Complete Form ET3: Step by Step
Form ET3 is available from the HM Courts and Tribunals Service website and can be submitted online via MyHMCTS or by post. The online route is strongly recommended as it generates a submission receipt with a timestamp, which is essential evidence if a deadline dispute arises.
Section 1 — Respondent Details
Enter the full legal name of the respondent exactly as it appears on any contract of employment, payslips, or Companies House registration. If you are a limited company, this means the registered company name in full, not a trading name. Include the registered address, not just an operational address.
Enter your employer reference number and Companies House number if applicable. If you do not have these to hand, obtain them before filing — incorrect entity details can cause procedural complications at a later stage.
Section 2 — ACAS Early Conciliation
You must enter the ACAS early conciliation certificate number from the ET1 you received. If the claimant did not go through ACAS early conciliation, select the appropriate exemption and state the reason. Do not leave this section blank. An omission here will generate a query from the tribunal administration team and can delay processing of your response.
Section 3 — Do You Intend to Resist the Claim?
This is a binary question but its consequences are significant. If you select “No”, the tribunal will proceed on the basis that you accept the claim and will list the matter for a remedy hearing only. If you select “Yes”, you proceed to the substantive defence sections.
If you wish to make any admissions while still contesting elements of the claim — for example, admitting that a dismissal occurred but disputing that it was unfair — select “Yes” and address the admissions in your written grounds of resistance.
Section 4 — Employment Particulars
Complete the employment details accurately: start date, end date (if applicable), job title, and the claimant’s earnings. Cross-reference these against your payroll records before completing this section. Discrepancies between the figures you provide here and documents disclosed at a later stage will undermine your credibility with the tribunal judge.
If the claimant’s job title changed during employment, use the most recent title and note any role changes in the narrative section.
Section 5 — Grounds of Resistance (Written Statement)
This is the most important section of the ET3. It is your written case. Approach it systematically:
State the nature of the employment relationship. Confirm whether the claimant was an employee, worker, or contractor, and on what basis. If you dispute that the claimant was an employee at all, say so clearly here and explain why.
Address each allegation from the ET1 in turn. Work through the ET1 claim by claim. For each allegation, state whether you deny it, admit it, or admit it in part. Provide your version of the relevant facts with dates, times, and names where possible.
For unfair dismissal claims: Explain the reason for the dismissal and confirm that it falls within one of the fair reasons in the Employment Rights Act 1996 — capability, conduct, redundancy, statutory illegality, or some other substantial reason. Then explain the procedure you followed and why it was a reasonable response.
For discrimination claims: Address each protected characteristic and each type of prohibited conduct alleged. If you deny the act occurred, say so. If you accept the act occurred but deny it was because of a protected characteristic, explain the genuine reason.
For redundancy claims: Set out the redundancy pool, the selection criteria used, and the consultation process undertaken. If alternative employment was offered, document this.
Include any jurisdictional objections. If the claim was presented out of time, note the date the employment ended and the date the ET1 was submitted and invite the tribunal to consider whether time should be extended. If the claimant lacks qualifying service for an unfair dismissal claim, state the continuous employment dates.
The written grounds do not need to be lengthy, but they must be precise, factual, and directly responsive to the ET1. Vague denials without supporting detail carry little weight.
Section 6 — Representative Details
If you have instructed an employment solicitor, HR consultant, or are representing yourself, complete this section fully. All future correspondence from the tribunal will go to the address listed here, so ensure it is correct and monitored.
Section 7 — Other Information
Use this section to flag any preliminary issues, requests for additional time, or anything else the tribunal should be aware of before the claim proceeds. If you need to request a hearing in a particular location due to witness availability, note it here.
Key Deadlines for Form ET3
The standard deadline for filing Form ET3 is 28 days from the date the tribunal sends you a copy of the ET1. This date is printed on the covering letter from the tribunal service. It is not 28 days from when you receive it — it is 28 days from the date on the tribunal’s letter.
Extensions of time can be requested, but they are not automatic. You must apply to the tribunal before the deadline expires, set out the reason for the delay, and demonstrate that granting the extension would not cause unfair prejudice to the claimant. Common grounds include a respondent who was abroad, a serious illness, or a change of representative. Convenience alone is unlikely to succeed.
If you miss the deadline without applying for an extension, the tribunal may deem the claim uncontested and list it for a remedy hearing. At that point, you must apply to set aside any default judgment. This is possible but involves additional cost, delay, and no guarantee of success.
For claimants: note the date on your tribunal letter. If 28 days pass without you receiving an ET3, contact the tribunal office immediately and ask whether a default judgment application is appropriate.
What Happens After You File Form ET3?
Once the ET3 is received and processed by the tribunal service, the following sequence typically applies:
Acknowledgement. The tribunal will send a written acknowledgement to both parties confirming receipt.
Case management. The tribunal will review both the ET1 and the ET3 and may issue a case management order setting a timetable for the exchange of witness statements, documentary disclosure, and any preliminary hearings.
Preliminary hearing. If there are jurisdictional issues — such as a dispute over whether the claimant was an employee or whether the claim is in time — the tribunal may list a preliminary hearing to determine those points before the substantive case proceeds.
ACAS conciliation. ACAS offers free conciliation throughout the tribunal process. Either party can contact ACAS at any stage to explore settlement. Settlement at any point before judgment avoids the uncertainty and cost of a hearing. Agreed exits are usually recorded in a COT3 through ACAS or in a statutory settlement agreement — see our guide to how these are drafted and what makes them binding.
Full merits hearing. If the case does not settle, it proceeds to a final hearing before an employment judge (and, in some cases, two lay members). Both parties present their evidence, call witnesses, and make submissions.
Remedy hearing. If the claimant succeeds, a separate hearing may be listed to determine the level of compensation or other remedy.
Common Mistakes That Get Form ET3 Rejected
1. Filing after the 28-day deadline without an extension application. This is the single most damaging error. The deadline is strict and the tribunal has limited discretion to excuse a late filing unless you applied in advance.
2. Using a trading name instead of the registered legal entity. If your company trades as “ABC Services” but is registered as “ABC Services Limited”, the ET3 must name the registered entity. Errors here create jurisdictional complications.
3. Leaving the ACAS early conciliation number blank. This is a mandatory field. An ET3 submitted without the correct ACAS certificate number will be queried and may be treated as defective until corrected.
4. Failing to address all claims in the ET1. If the ET1 raises three separate claims and the ET3 only responds to two, the unaddressed claim may be treated as admitted. Read the ET1 carefully and respond to every allegation, even if briefly.
5. Providing inaccurate employment dates or pay figures. If your ET3 states the claimant earned £25,000 per year but your payslips show £27,500, the inconsistency will be noted by the judge and raised in cross-examination. Check every figure against your records.
6. Writing a narrative that is argumentative rather than factual. The grounds of resistance should set out facts, not rhetoric. Statements such as “the claimant is dishonest and opportunistic” are unhelpful and counterproductive. Stick to what happened, when, and why.
What happens if an employer does not file Form ET3?
A: If the employer misses the 28-day deadline and does not apply for an extension, the tribunal may issue a default judgment in the claimant’s favour. This means the case proceeds to a remedy hearing to determine compensation without any defence being heard. The employer can apply to set aside a default judgment, but this is not guaranteed and involves additional cost and delay.
Q: Can an employer change or amend their ET3 after it has been filed?
A: Yes, but only with permission from the tribunal. An application to amend the ET3 must be made promptly, must set out what change is sought and why, and must show that granting the amendment would not cause unfair prejudice to the other party. Amendments are more likely to be permitted early in proceedings and less likely to be allowed close to the hearing date.
Q: Does the claimant receive a copy of the ET3?
A: Yes. Once the ET3 has been processed by the tribunal, a copy is sent to the claimant. This is standard procedure and means the claimant can see the full text of the employer’s defence, including any jurisdictional arguments or admissions, from the outset.
Q: Is Form ET3 relevant to unfair dismissal claims only?
A: No. Form ET3 is used to respond to all types of Employment Tribunal claims, including discrimination (under the Equality Act 2010), unlawful deduction from wages, failure to pay statutory redundancy pay, breach of contract, whistleblowing detriment, and any other claim within the tribunal’s jurisdiction.
Q: What is the difference between Form ET1 and Form ET3?
A: Form ET1 is the claim form submitted by the claimant to bring a case to the Employment Tribunal. Form ET3 is the response form submitted by the employer (respondent) to answer that claim. Together, the two forms define the issues in dispute and form the foundation of the tribunal case.
Related Court Forms & Guides
- Form N260: Statement of Costs — the costs schedule used at summary assessment.
- Form N244: Application Notice — the form for interim applications.
- Start a Money Claim Online (OCMC) — where most civil money claims begin.
- Particulars of Claim — setting out the basis of your claim.
- Civil Court Forms Index — every civil court form guide in one place.
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Related employment-tribunal guides
Form ET1 — starting the claim · ACAS early conciliation · Schedule of loss · Unfair dismissal · Discrimination claims · ET1A group claim
Frequently asked questions
What is Form ET3?
Form ET3 is the official document an employer must file to respond to an Employment Tribunal claim. If you have received a claim — commonly for unfair dismissal, discrimination or unpaid wages — the ET3 is how you put your defence on record. For claimants, the employer’s ET3 shows exactly what is being disputed.
When do I need to file an ET3?
You need an ET3 if you are an employer who has received notification from the Employment Tribunal Service that a claimant has issued a claim against you using Form ET1. The tribunal sends you a copy of the ET1 with a formal notice requiring you to respond within a strict time limit.
What is the deadline for filing Form ET3?
The standard deadline is 28 days from the date the tribunal sends you a copy of the ET1 — the date printed on the covering letter, not the date you receive it. Extensions can be requested but are not automatic; you must apply before the deadline expires and give a reason. Always check the deadline stated on your own tribunal letter.
What happens if I miss the deadline?
If you do not file the ET3 in time without applying for an extension, the tribunal may deem the claim uncontested and list it for a remedy hearing. You would then have to apply to set aside any default judgment — possible, but with added cost, delay and no guarantee of success.
What goes in the grounds of resistance?
The written grounds of resistance are the most important part of the ET3 — your written case. You confirm the nature of the employment relationship, address each allegation from the ET1 in turn (deny, admit, or admit in part), give your version of the facts, and include any jurisdictional objections such as the claim being out of time. Anything you do not address may be treated as admitted.
What happens after I file the ET3?
Once processed, the tribunal acknowledges receipt to both parties and may issue a case management order. A preliminary hearing may be listed if there are jurisdictional issues; ACAS conciliation is available throughout; and if the case does not settle it proceeds to a full merits hearing before an employment judge, with a separate remedy hearing if the claimant succeeds.
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Related guides: Form ET1 (Employment Tribunal claim) · Employment Tribunal witness statement · All civil court forms