ET3 grounds for resisting claim—jurisdiction (unfair dismissal)
ET3 grounds for resisting claim—jurisdiction (unfair dismissal)

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

  • ET3 grounds for resisting claim—jurisdiction (unfair dismissal)

[Insert in para 6.1 of response form ET3:]

  1. 1

    [Status of claimant: ]It is denied that the Claimant worked for the Respondent as an employee under a contract of employment. He was at all material times a [self-employed [independent contractor OR non-executive director] of the Respondent] [insert details].

  2. 2

    [Contract void for illegality: ]The contract entered into between the Claimant and [insert name of company], which owned the undertaking which then transferred to the Respondent, provided that 50% of the Claimant’s salary should be paid to the Claimant’s wife. No services were provided by the Claimant’s wife to [insert name of company] and this arrangement was an attempt to defraud HM Revenue & Customs of income tax and national insurance contributions. The contract is accordingly void for illegality and unenforceable. The Claimant is therefore not an employee within the meaning of ERA 1996 and is not entitled to bring a claim of unfair dismissal.

  3. 3