You’ve Received an ET1. Now What?
An honest guide for business owners who’ve just stepped into the legal spotlight
So — you’ve had the letter.
Or the email.
Or the call from someone asking if you’ve seen “the form.”
It’s real.
An ET1 has landed — the formal notification that one of your current or former employees has submitted a claim to the Employment Tribunal.
And whether it’s unfair dismissal, discrimination, breach of contract, or something else entirely, one thing is certain:
What you do next matters. A lot.
This is your guide to handling it clearly, calmly, and with a strategy that actually protects your business…not just your paperwork.
What Is an ET1 — and What’s Happening Legally?
The ET1 form is the employee’s official legal claim.
It outlines:
What they believe you did wrong (e.g. unfair dismissal, unpaid wages, harassment)
Their version of events
The legal basis of the claim
What they’re asking for (usually compensation)
Once it’s been accepted by the tribunal, you’ll receive it along with:
An ET3 response deadline (usually 28 days)
Any attached evidence
A case number and instructions on next steps
Do not ignore this.
This is not ACAS. This is litigation.
First Things First: Read It Properly
Don’t skim. Don’t throw it to HR.
You, the business owner, need to know exactly what’s being alleged.
Ask:
Are the dates accurate?
Are the claims grounded in events you recognise?
Have they submitted this within the legal time limit?
(Usually 3 months minus one day from dismissal, but 6 months for redundancy or equal pay)¹
Then: Breathe — and Get Organised
Here’s what to do next (and what most employers get wrong):
✅ Step 1: Check if Early Conciliation happened
The claimant must have gone through ACAS Early Conciliation before filing the ET1.
You should have received contact from ACAS during that period. If not — something’s gone wrong in process.
If they skipped ACAS without a valid exception (e.g. collective redundancy cases), you may be able to challenge the claim procedurally².
✅ Step 2: Get your documents in order
This is where panic sets in for many employers. The claim has been submitted, but:
The grievance was never logged
The disciplinary was verbal only
The manager involved isn’t with the business anymore
What matters now is what you can evidence — clearly, consistently, and legally.
Start compiling:
Emails, meeting notes, and performance records
Contracts, job descriptions, policies
Any witness statements or notes from previous meetings
A timeline of events from your side
✅ Step 3: Submit your ET3 (response) on time
You have 28 days from the date of the tribunal letter to respond.
This response - the ET3, is your formal defence. It needs to be:
Clear and concise
Fact-based
Aligned to law and evidence
Filed on time (no exceptions without good cause)
If you miss the deadline, the tribunal can issue a default judgment in favour of the claimant.
How Much Could This Cost You?
Let’s get real. Here’s what you’re exposed to depending on the claim:
Claim Type
From April 2025 - Maximum Award
Unfair dismissal:
£115,115 or 52 weeks’ gross pay³
Breach of contract:
£25,000 (for tribunal claim)⁴
Discrimination:
Unlimited
Harassment injury to feelings:
Up to £56,200+ (Vento bands)⁵
2025 Vento Bands:
Lower: £1,200–£10,300
Middle: £10,300–£31,200
Upper: £31,200–£56,200+
Tribunal can exceed upper band in extreme cases.
Case Study: How Employers Get It Wrong
Case: Otshudi v Base Childrenswear Ltd⁶
The employee was dismissed shortly after raising concerns about race discrimination.
The employer:
Gave no proper reasoning for dismissal
Had no documented process
Did not engage with ACAS
Submitted a vague ET3 with little evidence
The result?
The tribunal awarded £28,000, including:
Loss of earnings
Injury to feelings
Aggravated damages for poor handling and perceived hostility
Why it matters:
You don’t have to be a bad employer to lose.
You just have to be badly prepared.
What About Settling?
Tribunals aren’t the only route. You can still:
Settle via COT3 (ACAS)
Use a settlement agreement (without admission of liability)
Negotiate directly or via your representative
Most claims settle — especially when:
The legal risk is high
The documentation is weak
You want to avoid reputational damage
The cost of defending exceeds the cost of resolution
But do it with eyes open — and make sure settlement wording is watertight. Get in touch with Thrive. if you want help preparing to settle.
Written Timeline: What Happens After ET1
Stage
Timing
Day 0 - ET1 submitted
Within 2–5 working days - Employer receives claim
28 days after receipt - ET3 deadline
1–3 months after ET1 - Preliminary hearing (if required & pending court availability)
3–6 months - Case management / disclosure
6–12 months post-ET1 - Final hearing (pending court availability)
If You’re Already in the Thick of It
You’re here. The clock’s ticking.
Here’s how to steady the ship:
Don’t downplay it. ET1s are public. Even if you win, the process itself carries risk.
Don’t try to DIY your defence. Generic templates or legal bluster won’t hold up in court.
Get honest advice — fast. You need someone who will tell you where the weaknesses are, how to strengthen them, and how to present your case like it matters.
Final Word from Rosie
Tribunal risk isn’t about one bad decision.
It’s about how you respond when someone says you got it wrong.
When the ET1 hits, you don’t need HR theory. You need someone who’ll sit across the table with you, scan the real picture, and help you protect your business from the inside out.
Handled well, this won’t define your business.
Handled badly — it will.
If you’ve had the letter, let’s deal with it. Book a clarity call now - 07868772954
Facing an Employment Tribunal can feel like a storm cloud over your West Midlands business, but with the right support, it’s a challenge you can navigate with confidence. At Thrive HR, we specialise in providing practical, jargon-free ET1 guidance for healthcare, general practice surgeries, primary care networks and other SMEs and primary care practices in the West Midlands and beyond.
Don’t let an ET1 claim define your future. As your trusted West Midlands fractional, on demand, HR Director, Rosie Campbell LLM at Thrive HR is here to offer tailored Employment Tribunal support, ensuring your healthcare or SME business stays compliant and resilient. Whether you’re dealing with unfair dismissal, discrimination, or contract disputes, our expertise in primary care HR solutions can make all the difference. Book a free 30-minute clarity call with us at www.thrive-hr.uk/contact to discuss your case and discover how we can help you turn a legal challenge into a manageable process.
References
¹ Employment Act 1996 — s.111(2)
² ACAS Early Conciliation Rules of Procedure (2024)
³ Employment Rights (Increase of Limits) Order 2025
⁴ Employment Tribunals Extension of Jurisdiction Order 1994
⁵ Vento v Chief Constable of West Yorkshire Police [2003] IRLR 102
⁶ Otshudi v Base Childrenswear Ltd [2019] ET/2200255/2018
