Updated ET1 and ET3 Forms

His Majesty’s Courts and Tribunals Service (HMCTS) has recently introduced updated versions of the ET1 and ET3 forms. These revised forms came into effect on 3 August 2023 and bring subtle yet noteworthy changes to the process of filing and responding to claims within the Employment Tribunal framework.

Key Changes to the ET1 Form:

Alternative Titles and Contact Options: The updated ET1 form now provides the option of selecting ‘other’ as an alternative title to Mr, Mrs, etc. Furthermore, the option for ‘fax’ as a contact method has been removed, aligning the form with modern communication preferences.

Consenting to Video and Phone Hearings: A significant alteration has been made to the section regarding video and phone hearings. Previously, a single tickbox covered consent for both types of hearings. With the new form, these options are now presented separately, and claimants are required to provide an explanation on the ET1 form if they do not consent to video/phone hearings.

Claimant’s Sex Option: An important addition to the ET1 form is the inclusion of ‘prefer not to say’ as an option for indicating the claimant’s sex. This adjustment reflects a commitment to inclusivity and acknowledges the diverse spectrum of identities.

Whistleblowing Claim: The new ET1 form now includes a category for whistleblowing claims, specifically addressing dismissal or any other unfair treatment after whistleblowing. This addition highlights the increasing importance of whistleblower protection within the employment law landscape.

Key Changes to the ET3 Form:

Employer Type Clarification: The updated ET3 form introduces a query regarding the type of company the respondent (employer) is. This refinement aims to enhance clarity and assist in accurate categorisation during the case management process.

Comments

The recent updates to the ET1 and ET3 forms introduced by HMCTS show the ongoing efforts to enhance the Employment Tribunal process. While the changes might appear subtle, they hold significant implications for claimants and respondents alike. Staying up-to-date with the latest prescribed forms is crucial to ensuring compliance and effective communication within the legal framework. Please note that as the new ET1 and ET3 forms are prescribed forms, there is a technical requirement to use the latest versions. Claims or responses submitted using older versions could potentially be deemed invalid, emphasising the importance of using the most current forms available.