ET3 response deadline: Key points for employers

Receiving an Employment Tribunal claim can feel like a bolt from the blue. Whether it’s an allegation of unfair dismissal, discrimination, unpaid wages or other claim, the clock starts ticking the moment the claim (ET1) is sent to the employer. By tightening internal systems and acting quickly, employers can protect their right to defend Employment Tribunal claims and avoid costly mistakes.

When the clock starts ticking

When an employee submits an ET1, the Tribunal sends a letter to the employer along with a notice of claim. From the date of the Tribunal’s letter, employers have just 28 days to respond by filing an ET3 response form which sets out their defence and confirms whether they contest the allegations made by the claimant.

Miss the deadline and the consequences can be severe: the Tribunal may issue a default judgment, meaning that the employer is unable to defend the claim.  

Unfortunately, many employers lose valuable time because the Tribunal’s correspondence arrives late or sits unnoticed in a post room. With postal delays and hybrid working arrangements, this is becoming increasingly common and we are seeing increasing numbers of employers missing the 28-day deadline.

Why delays happen

• Postal service issues: although the Tribunal system is now “digital by default”, paper correspondence is still used when notifying an employer about a claim.
• Internal mail bottlenecks: letters addressed to “The Company” rather than a named individual, often languish in mailrooms or they are passed to the wrong person.
• Remote working: fewer staff on-site means physical mail can go unchecked for days.

These delays don’t stop the clock. The 28-day deadline runs from the date the Tribunal sends the claim, not when you open the envelope. 

Consequences of missing the deadline

Failing to submit your ET3 on time can result in:

• Default judgment: the Tribunal may decide the case in the claimant’s favour without considering your defence.
• Limited participation: if you are allowed to participate, you may only be allowed to make representations on remedy (including the amount of compensation awarded), not liability.
• Reputational and financial damage: Employment Tribunal awards can be costly, and losing by default sends the wrong message to staff and stakeholders. 

While you can apply for an extension of time to submit the ET3 or ask the Tribunal to accept a late ET3, you must take action as quickly as possible and be able to show good reasons for the delay. The longer you wait, the greater the risk that you won’t be able to defend the claim.

Best practice guide for employers

To avoid these pitfalls, implement the following steps:

Monitor post

Set up internal protocols:

• Physical mail should be checked daily, even if your office operates hybrid working.
• Ensure that colleagues who deal with incoming post know the importance of identifying Employment Tribunal correspondence and treating it as urgent.
• Nominate at least two colleagues (allowing for holiday absence etc) who should be given any Employment Tribunal correspondence so that time isn’t wasted trying to identify the correct person.  

Train your team

Managers and HR staff should understand the importance of Tribunal deadlines. A missed deadline can cost thousands in compensation and legal fees.

Act quickly when an ET1 arrives

Every day counts when you receive an Employment Tribunal claim. Taking the right steps from the outset will put your organisation in a stronger position.

• Contact your solicitor as soon as the ET1 arrives. This is particularly important if the 28-day deadline is near or already past.
• Gather relevant documents such as contracts, policies and communications with the Claimant as they will be needed for preparing the ET3 response.
• Create an internal deadline - aim to complete your ET3 well before the 28-day deadline. This gives time for review, evidence gathering, and legal advice. 

Final thoughts

If you have received an ET1 or want to review your processes, our employment law team can help by guiding you through the response, managing deadlines, and safeguarding your business interests.

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