New ET1 and ET3 Questions: Check Your Dates and How You Submit

The Tribunal claim and response forms changed on 1 October 2026. The Employment Tribunal claim form, known as the ET1, now asks for the date of the most recent event you complain about. Both the ET1 and the employer's response form, the ET3, also ask about the people who should decide the final hearing.

These questions need care. Neither gives you control over the legal deadline or the hearing panel.

The most recent event is not your whole chronology

Question 8.3 on the current ET1 is mandatory. It asks for the date of the most recent event you are complaining about, with dismissal given as an example.

Check your answer against the events described in your claim. If you complain about several acts, keep their dates clear in the accompanying account. Do not put the date you completed the form, received advice or submitted a grievance unless that date is the relevant event complained of.

The Presidents explain that the new question collects data to assess the impact of the longer Tribunal time limits. It does not decide whether earlier events form continuing conduct. It also does not replace the claim specific transition rules for events before or after 1 October.

What does panel composition mean?

Panel composition means whether your final hearing is decided by a judge alone or a judge sitting with two members who bring workplace experience. The members are not additional lawyers chosen by you.

ET1 question 1.12 and ET3 question 2.14 allow a preference for a judge alone, a panel, or no preference. If you state a preference, the form asks for reasons. Explain why workplace experience would help decide the issues in your case, rather than simply asking for a panel because you believe it would favour you.

A judge decides the composition. Your answer is a relevant factor, not a promise that the Tribunal will use the arrangement you prefer.

How can you submit a claim or response?

New presentation Practice Directions took effect on 1 October. England and Wales and Scotland have separate directions. Each permits the HMCTS online service, post to the relevant central office, hand delivery at listed offices, and an exceptional email route.

Email is not an ordinary substitute for online submission. The direction allows it where the online service has a fault. The submission must include a screenshot of the error message confirming a system malfunction at the relevant time. A claim or response sent outside the permitted methods will be rejected.

Check the direction for the jurisdiction where you are submitting. The offices and email addresses differ. Keep the form, attachments, error screenshot where relevant, sending record and acknowledgement. Preparing a form is not the same as validly presenting it to the Tribunal.

These are Tribunal filing rules. Do not assume they are the rules for filing an Employment Appeal Tribunal appeal.

Does an older form automatically become invalid?

No. Paragraph 4 of the joint prescribed forms direction expressly says that previously prescribed versions remain prescribed. The new questions are a reason to obtain the current form, but the direction does not support a claim that every earlier form is automatically invalid.

If you have prepared an ET1, compare the dates in the form with your documents before submitting it. Do not wait until the final filing day to resolve a date discrepancy or a submission problem.

Frances N.U