ET3 Response Form: A Respondent's Guide to Defending an Employment Tribunal Claim

Last updated: March 2026

Quick Answer

The ET3 is the form an employer uses to respond to an employment tribunal claim. You have 28 days from the date the tribunal sent you the ET1 to file your response. Miss it, and a default judgment may follow under Rule 21. The most critical section is 6.1 — your grounds of resistance — where you set out why the claim should fail. File online at www.employmenttribunals.service.gov.uk or by post.

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Why the ET3 Matters

The ET3 is not a formality. It is your first — and sometimes only — opportunity to set out your defence. If you do not file a response within 28 days, the tribunal may enter a default judgment without hearing from you. Even if you later apply to set it aside, you will be on the back foot from the outset.

A well-drafted ET3 does three things: it puts forward your version of events, it identifies every legal and factual point in your favour, and it signals to the judge that you are taking the claim seriously.

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Section 1: Claimant's Name (Field 1.1)

Enter the claimant's name as it appears on the ET1. If the name is incorrect — for example, misspelt or a former name — note this and raise it in your response at Section 6.

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Section 2: Respondent's Details (Fields 2.1–2.13)

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Section 3: ACAS Early Conciliation (Field 3.1)

Confirm whether you agree with the ACAS EC details provided by the claimant. If you disagree, explain why — for example:

• The claimant has provided the wrong ACAS certificate number
• The claimant is not exempt from the requirement to conciliate
• The ACAS certificate names do not match the parties to the claim

ACAS defects can be jurisdictional — they are worth checking carefully.

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Section 4: Employment Details (Fields 4.1–4.3)

4.1 Employment dates — Confirm or dispute the dates given by the claimant. If disputed, provide the dates you contend are correct. Continuous service affects qualifying service for unfair dismissal (two years), statutory redundancy pay, and notice periods.

4.2 Continuing employment — Confirm whether the claimant's employment is continuing, has ended, or was never an employment relationship (in status disputes).

4.3 Job description — Confirm or correct the claimant's stated job title. Discrepancies may be relevant to contractual terms and the scope of duties.

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Section 5: Earnings and Benefits (Fields 5.1–5.4)

For each field, confirm or dispute the claimant's figures:

• 5.1 Hours — contractual hours versus actual hours worked (relevant to working time and minimum wage claims)
• 5.2 Earnings — provide the correct gross and net figures if disputed. Include documentary evidence (payslips) in the bundle
• 5.3 Notice — confirm whether notice was given, the period served or paid in lieu, and whether the claimant worked during notice
• 5.4 Benefits — confirm or dispute pension contributions, company car value, health insurance, and other benefits

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Section 6: Response (Field 6.1)

This is the most critical section of the ET3.

If you contest the claim, set out the facts relied upon. Structure your Grounds of Resistance as follows:

1. Introduction — identify the claims made and state whether each is contested in whole or in part
2. Preliminary issues — time limits, jurisdiction, employment status, correct respondent
3. Factual narrative — your version of events in chronological order
4. Legal response — why the facts do not give rise to liability on each claim
5. Remedy — challenge the claimant's schedule of loss; raise mitigation, contributory fault, and Polkey reduction

Practitioner tip: The response box has limited space. Attach a separate document headed 'Grounds of Resistance' with numbered paragraphs. Address every allegation — silence may be treated as an admission.

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Section 7: Employer's Contract Claim (Fields 7.1–7.3)

A counterclaim for breach of contract is only available where the claimant has made a breach of contract claim. Common examples include:

• Recovery of training costs under a repayment clause
• Notice pay where the employee left without giving proper notice
• Breach of restrictive covenants

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Sections 8–9: Representative and Disability

• Section 8 — if the respondent has instructed solicitors or counsel, enter their details. The tribunal will correspond with the representative only
• Section 9 — disclose any disability or health condition affecting a party or witness that may require reasonable adjustments at the hearing

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Critical Deadlines

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Common Mistakes to Avoid

1. Missing the 28-day deadline and failing to apply for an extension in time
2. Failing to plead a positive case — merely denying the claimant's allegations is not enough
3. Not raising Polkey, contributory fault, or mitigation arguments in the response
4. Ignoring ACAS defects — these can be jurisdictional and should be checked at the outset
5. Silence on specific allegations — anything you do not address may be treated as admitted

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How BundleCreator Helps

When preparing for the hearing, respondents typically take responsibility for the bundle. BundleCreator's employment tribunal bundle templates include grounds of resistance, witness statement, skeleton argument, and counter-schedule of loss templates — all automatically paginated and indexed to tribunal standards.

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Related Articles

• ET1 Claim Form: Complete Guide
• ET1A Form: Adding Multiple Claimants
• ACAS Early Conciliation Guide
• Employment Tribunal Time Limits
• Employment Tribunal Bundle Guide

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This article provides general information about employment tribunal procedures in England and Wales. It is not legal advice, and BundleCreator.co is not a law firm and does not provide legal services. Before submitting any documents to the Employment Tribunal, you should seek guidance from a qualified legal representative such as a solicitor, barrister, or trade union representative. Free initial advice may also be available from Citizens Advice, ACAS, or your local Law Centre.