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Starting a discrimination claim: Completing the ET1

This advice applies to England, Wales and Scotland

Pinnacle Tips for completing the ET1

• Make certain that you know the correct legal identities, or names, of the companies or people you desire to make your claim against, and then that yous tin can name them correctly in early conciliation and on the ET1
• Place your time limit for starting Acas early conciliation and ensure that you lot have done so
• If early conciliation has not been successful and you have received your early conciliation certificate(s) identify your new fourth dimension limit for presenting your ET1 to the tribunal
• Do not go out completion and presentation of your ET1 until the terminal minute earlier time expires; requite yourself plenty of time to complete it, and to ensure that information technology arrives at the tribunal in time co-ordinate to your chosen method of sending it. Build in time for emergencies or contingencies such as your internet connection or the tribunal's internet server going down
• Give yourself time to complete the ET1, leave it overnight or for a few hours, and go back and review it. Inquire a friend or family fellow member to read it and requite comments, if that will help. If something doesn't make sense to you, it won't make sense to the tribunal
• Remember that it is the showtime certificate that the tribunal will read if your case goes all the way to a hearing; zip should delay yous from presenting your claim in time, but if yous have time, first impressions are important. It should look as if you are treating the claim seriously
• Yous shouldn't be bringing a merits unless you think that your employer has acted unlawfully, simply if you are short of time, the facts of your instance are more important than quoting the law
• Keep a copy for yourself
• You don't accept to transport a copy to the employer or whatever other people you have claimed against, because the tribunal will exercise then, simply you lot tin if you lot desire to
• Keep a re-create of proofs of sending, and proofs of receipt, any method yous use to nowadays your claim

Before the ET1: Early conciliation

Before starting a claim in the employment tribunal, at that place is a process you must become through called Acas early conciliation.

Acas is an contained body with several roles. I of its roles is to try to get you lot and your employer to reach a settlement about your dispute, earlier you make your merits or, if yous take already fabricated your claim, before it reaches the hearing stage.

Conciliation is a procedure through which Acas acts as a channel through which you tin can speak to your employer about your dispute, so that you don't take to speak to them or their representatives directly.

Acas acts neutrally during this process; it cannot give you, or your employer, advice about the force or weakness of your claim, or of your employer'due south defense force of the merits.

You cannot make a tribunal claim without going through this process, which starts when you complete an online form notifying Acas that y'all intend to bring a merits. Acas will contact you lot when it gets your notification, to inquire you for some more details near the dispute and the solution you lot want.

Information technology's compulsory to notify Acas, but it'southward not compulsory for y'all to try and conciliate your dispute if you don't desire to. You tin can ask Acas not to contact your employer and to issue an early conciliation certificate immediately.

Acas tin can't say anything to the tribunal about what happens during the early conciliation process, what you told them about your dispute or whether you, or your employer, refused to conciliate. All conversations between y'all, your employer and Acas are confidential.

In a discrimination merits y'all may be bringing your claim against more than one respondent, for instance, a colleague who discriminated against you individually, besides as your employer who is liable for their discriminatory actions. You must enter into a carve up Acas Early conciliation process in respect of every person or company you desire to bring your claim against or your claim confronting them will not be allowed to get alee. This ways that, on Acas' website, y'all must consummate a separate form, called a 'Notification of intention to bring a claim' for each individual or company. You tin can tell Acas when conciliation begins that y'all have completed more than than one form in respect of your example. Yous can tell Acas that you don't want them to really try and conciliate with every person you have completed a form for; for example yous might non want Acas to try and deactivate with a colleague who has harassed you — but you must become an Acas early conciliation certificate for everyone you want to bring your merits confronting, every bit yous need to enter the certificate number for each of them on the ET1.

Drafting the ET1

Y'all start a discrimination claim by going through early conciliation and so completing an ET1 claim form and sending information technology to the employment tribunal. You lot tin can download a re-create of the form and also complete the form online from gov.uk.

There is official guidance on how to complete the ET1 course. Nosotros have provided some additional guidance and examples below.

You should complete the ET1 claim form as fully as possible. There are some fields that must be completed. Required responses are marked on the Merits Class with a * next to the number. The required fields are:

ane.2 First name (or names)

1.3 Surname or family proper name

1.5 Address

2.1 the proper noun of your employer or the person or organization you are claiming against

2.two respondent's accost

two.3 Acas early conciliation certificate number

viii.1 Type and details of merits

8.2 Groundwork and details of the claim

Your claim will be rejected if yous haven't entered the correct responses where required to do so. If this happens, you have to complete the form again and re-submit it and y'all might miss your fourth dimension limit. It'south better to go everything right the first time.

Section 2.1: Identifying the correct respondents in a discrimination claim

The 'respondent' is the person or company your merits is against.

Most types of employment-related claims can only exist brought against your employer. However a discrimination merits can also be brought against individuals, such equally colleagues, who have discriminated against you.

Information technology tin can be a good thought to name individuals where y'all worked for a small limited company rather than a sole trader. It's relatively easy for a small company to avoid responsibility for a case by simply closing down and reopening under a new name. If y'all tin name one of the directors or other employees who discriminated they cannot apply this tactic to avoid your claim.

It can also exist a adept idea to proper noun the individual discriminator if your employer appears to accept an argument that they took all reasonably practicable steps to prevent the individual from carrying out the discrimination. If they can bear witness that they took all reasonable steps you won't succeed in your claim against them, but the individual could still be liable themselves. You might also want to think well-nigh whether they are likely to have the resources to pay the honor if you win.

It's not ever a proficient thought to name the private in every case. It can be particularly unpleasant to deal with the people who discriminated against you rather than the employer or direction, and acting confronting individuals can slow down the case if they don't accept a lawyer.

It'southward important to correctly name the individual or company you are claiming against. You lot demand to take an early conciliation certificate from Acas against each person or business organization you lot name in the ET1. If yous offset your claim without a document information technology will exist rejected.

If yous realise after you've started your merits that you lot take forgotten to name someone, or have got the proper noun wrong, y'all tin utilize to 'amend' your claim, to go the name of a respondent changed, or accept someone added. . Nevertheless the tribunal volition non always let y'all do this and then it'due south vital to go it right at the start.

Department 2.iii: Acas early on conciliation certificate

Yous must become a divide Acas early conciliation certificate for each person or company named as a respondent on your ET1. The names of the people or company on the claim form must exactly match those named during Acas early conciliation and set out in your Acas early conciliation certificate and they must exist the person or organisation y'all are claiming confronting. If you practice not have exactly the right details you run the hazard of your claim being struck out by the Tribunal.

Section 8.2: the groundwork and details of your merits

Question viii.2 of the ET1 requires you to set out the background and details of your merits. This means you lot must tell the tribunal:

• what happened to yous (the 'facts') and
• requite the legal footing of your merits, such as the protected feature your claim is based on, and the blazon of bigotry such as direct, indirect or failure to make reasonable adjustments

Information technology's usually best to split it into 3 sections:

• background and curt description of your claim
• the facts
• the legal claims/ law

Y'all can write section viii.2 on a separate document and attach information technology to your form, only make sure you say in section 8.2. that a carve up document is attached.

Write in numbered paragraphs.

The next few sections give guidance and examples of how to complete and ET1. Each case is different so you lot should focus on your own relevant facts. These materials are a guide only and are not a complete section 8.ii of your ET1 in every instance.

Introduction

Start by stating how the protected characteristic applies to you, if it needs stating, and give brief details. Explicate what sort of merits you lot are making.

Where the protected characteristic is inability gear up out in more than item the facts which mean that you meet the definition of a disabled person within the Equality Act 2010.

The groundwork to the events that your claim is almost

Requite a cursory background history of your career and of your employment with the respondent before the discrimination began. If information technology is relevant and accurate, betoken out that until the discrimination began, you had a good employment record with no disciplinaries or time off.

The facts

You need to make certain you

• explain every incident that you are claiming was discrimination (if there's more than than one) and
• include enough item so that the tribunal and your employer tin understand what your complaint is about

You don't have to include lots of detail — merely enough that your complaint is clear. Y'all will be able to give more than particular when you lot give show to the tribunal.

Ready out the facts clearly, concisely and in engagement lodge. Refer to other people by their full names if you know them, and requite their chore titles the first time they're mentioned.

Try to be selective about the claims you make.. If you include weaker allegations they tin detract from stronger ones. It's amend to focus on the allegations that are the strongest, most serious and most recent. When y'all make multiple allegations it becomes difficult to assemble evidence to prove them all, and could hateful a longer hearing (as the witnesses will have to give more evidence).

The dates when things occurred are important, because of time limits and and so the tribunal can follow what happened. If y'all can't requite a precise engagement you need to narrow it downwardly to a week, month, or indicate of the year when it occurred.

If you are describing something similar continuing harassment, you lot can requite the period over which it occurred, and exact dates of individual incidents when you lot know them.

You'll need to work out whether a series of individual incidents can exist classed as a single continuing act of discrimination 'extending over a period of fourth dimension'. This is where they're linked to each other, for instance if your employer uses homophobic linguistic communication to describe you on several occasions or continues to apply a discriminatory policy to yous.

If the incidents are linked, the law calls them a 'continuing series of acts' a 'standing act' or an 'act extending over a flow'. The time limit for starting Acas early on conciliation runs from the last day of the period, so where Acas early conciliation begins within three months, minus ane day, of that date, the whole series of acts is included in the claim and is in time. . This is covered in section 123(iii)(a) of the Equality Act 2010.

If the incidents are non linked and office of a continuing act, you'll need to make split up discrimination claims with different deadlines for each one. For example if your colleague made a racist comment and your managing director fabricated a sexist comment, they might non form part of the aforementioned continuing act. You should and so use the earliest date as your deadline for each separate incident.

Check if:

• the last incident is definitely bigotry — if it'due south not, then it can't form office of a series of discriminatory acts, and this means your claim could exist out of time and , the tribunal could reject your case
• there'southward a long gap between the different incidents — if they're far apart, they might not be one continuing act

If you're not sure of the date, information technology's usually best to use the primeval appointment possible as the date from which time starts to run. If yous use a later date, the tribunal could decide that the later incident wasn't discrimination or that the earlier acts aren't linked.

Indirect discrimination — what y'all demand to show when setting out the legal claims / law

• Identify the provision, criterion or practise (PCP) you say your employer applied to you and besides practical or would apply to its other workers
• Say how the PCP put you at a disadvantage because of a protected characteristic
• say how the PCP puts people who share your protected characteristic at a disadvantage compared to those who don't share it

Direct discrimination — what you need to show when setting out the legal claims / police

• Describe the handling you lot have received
• Say what protected feature caused the handling
• Identify an actual comparator, or describe a hypothetical comparator who does not share the protected characteristic but whose circumstances, in relation to the facts of your case, are not materially different
• Draw how the comparator was treated more than favourably than you, or how the hypothetical comparator would have been treated more favourably. Say that a hypothetical comparator would have been treated more than favourably

Victimisation

• Identify the protected act you did
• Say what detrimental handling you were subjected to as a result

Failure to brand reasonable adjustments

• Explain the provision, benchmark or do that put you at a disadvantage and why, and identify any adjustments yous think could have been made, or
• Identify the concrete feature that put you at a disadvantage and why, or
• auxiliary assist you needed and why

Discrimination arising from disability

• Explain how yous run into the Equality Act definition of disability
• Draw how your employer knew yous were a disabled person or could reasonably have been expected to know this
• Explicate what treatment you received that was unfavourable
• Explain what the treatment related to, and how information technology was something that arose in issue of your disability
• Does the employer take an objective justification defence? It's for the employer to say what this is, and whether its treatment of yous was a proportionate means of achieving a legitimate aim, but you tin describe why the treatment was not proportionate. This could include the fact that the employer was under a duty, but failed, to make reasonable adjustments, which would have been a proportionate response.

Pregnancy and maternity discrimination

Identify the unfavourable treatment you were subjected to

Department ix The remedy y'all are seeking

Question nine.one asks you what you want the tribunal to do if you win your claim. This is almost ever compensation, but in that location are other things a tribunal can do, such as make recommendations to the employer nearly how information technology should modify a discriminatory practice or state of diplomacy to reduce or remove the adverse result on the Claimant. This is known as a 'recommendation'. If yous accept other claims you should also set out what you are seeking for those claims. For case you might want to exist reinstated in your job, if you're claiming unfair dismissal.

Question 9.2 sets out what bounty you are claiming. If you win your bigotry claim a tribunal tin can order your employer to pay compensation for whatsoever financial losses yous've experienced because of the discrimination, and for 'injury to feelings'.

Your merits will not exist rejected if y'all don't set out a detailed calculation in question 9.2 of the ET1; you can give more details of the bounty you're seeking at a later date.

Work out how much compensation you could go for claiming discrimination.

Department 11: Your representative

If someone is going to act on your behalf in dealing with the example, and they agree to be named every bit your representative, you can add their details here. The tribunal volition transport all letters about your case to your representative, not yous, and so but proper name them if you're sure this is the right thing for you.

Please tell the states what you recall of this folio.

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Source: https://medium.com/adviser/starting-a-discrimination-claim-completing-the-et1-6ae5eef95469

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