The ET3: How Your Employer Responds to Your Tribunal Claim

Once you have submitted your tribunal claim, the ball moves to your employer's court - and the ET3 is how they hit it back. For claimants, the ET3 is one of the most useful documents in the whole process, because it tells you precisely what your employer accepts, what they deny, and how they intend to defend the case. This guide explains what the ET3 is, the deadline your employer faces, and what happens at each outcome.

How the ET3 fits in: the ET1 is your claim; the ET3 is the employer's response to it. The tribunal is the go-between - it receives your ET1, sends it to the employer, and then sends their ET3 back to you. See the step-by-step process guide for where this sits in the overall timeline.

What is the ET3?

The ET3 is the official form an employer (the "respondent") uses to respond to a tribunal claim. It is the counterpart to your ET1. On it, the employer must say:

• whether they intend to defend the claim - all of it, part of it, or none
• which facts they accept and which they dispute - for example, they may accept you were dismissed but dispute the reason
• their version of events - the grounds on which they resist the claim
• their details, and whether they had the correct employment relationship with you

The ET3 defines the battleground. Anything the employer admits, you no longer have to prove. Anything they dispute is where the case will be fought. That is why reading it closely is so valuable.

The 28-day deadline

The employer has 28 days to return the ET3, and the clock starts from the date the tribunal sends them a copy of your claim - not from when you submitted it. This is a common point of confusion: there is usually a gap between you lodging the ET1 and the employer receiving it, so their 28 days begins later than you might expect.

If the employer needs more time, they can apply for an extension, but they generally have to do so before the deadline passes and give reasons. The tribunal decides whether to allow it.

What happens if the employer responds on time

This is the normal path. Once the ET3 is received and accepted, the tribunal sends you a copy, and the case moves into its preparation phase: the tribunal issues case management orders, the parties exchange documents and witness statements, and a hearing is listed. From this point the dispute is defined by the gap between your ET1 and their ET3.

Reading the ET3 carefully at this stage pays off. Look for:

• what they admit - these facts are now settled in your favour
• the reason they give for the dismissal or treatment - this is what you will need to challenge
• any new allegations about your conduct or performance - you will want evidence to answer these
• gaps or inconsistencies with documents you already hold, such as emails or letters

What happens if the employer responds late or not at all

If the employer misses the 28-day deadline and has not been granted an extension, the position shifts significantly in your favour. The tribunal can:

• issue a judgment without a hearing on the claim, or the parts of it that are clear, or
• bar the employer from defending the claim, so it proceeds on your account

This is sometimes called a default judgment or a rule 21 judgment. It does not always mean an automatic full win: the tribunal may still hold a short hearing to decide remedy - the amount you are awarded - and it retains discretion to accept a late response if the employer gives a good enough reason and applies promptly. But a genuine non-response is a strong position to be in.

What if you disagree with the ET3?

You will often disagree with a lot of it - that is the nature of a dispute. You do not file a formal reply to the ET3 as a matter of course, but you can:

• raise the disputed points in your witness statement and evidence
• apply for further information if the response is vague about a key allegation
• gather documents that contradict the employer's account

The evidence guide covers how to build the documentary record that answers the employer's version of events, and the hearing guide explains how the competing accounts are tested.

Key takeaway

The ET3 is your employer's formal answer to your claim, due within 28 days of the tribunal sending them your ET1. It is not just a procedural step - it is the document that tells you exactly what is in dispute, which sharpens everything you do next. If it arrives on time, read it closely and build your evidence around the points it contests. If it does not arrive at all, the tribunal can decide the claim without the employer's input, which puts you in a strong position. Either way, the ET3 is a document worth studying, not skimming.

_This article is legal information, not legal advice. Tribunal procedure rules can change; check the current rules and guidance via the official sources linked above._