Initial consideration by employment judge of claim and response
Initial consideration by employment judge of claim and response

The following Employment guidance note provides comprehensive and up to date legal information covering:

  • Initial consideration by employment judge of claim and response
  • Possible dismissal of some or all of the claim
  • Applying for reconsideration where some or all of the claim is dismissed
  • Possible dismissal of some or all of the response
  • Case management orders once the initial consideration is completed

When an ET1 claim is presented to the employment tribunal, there are various reasons why it might be rejected. Even if it is rejected initially, it might be accepted following reconsideration after an application by the claimant. See Practice Notes: Submission of a claim to the employment tribunal—Rejecting the claim and Responding to a claim in the employment tribunal—Applying for reconsideration of rejection of response for further information.

Only if the claim is accepted will the tribunal send a copy of it to the respondent(s), seeking an ET3 response.

Once the ET3 response has been presented to the tribunal, it too might be rejected for various reasons. As with the claim form, even if it is rejected initially, it might be accepted following reconsideration after an application by the respondent. See Practice Notes: Responding to a claim in the employment tribunal—Rejecting the response and Responding to a claim in the employment tribunal—Applying for reconsideration of rejection of response for further information.

Only if the tribunal, having already accepted the claim, then also accepts the ET3 response (either immediately after receipt or after reconsideration), will the next stage of procedure come into play, referred to in the rules as 'Initial consideration of claim form and response'.

This initial judicial sift process was first introduced into the Employment Tribunals Rules of Procedure (referred to below as 'the