[Insert in para 6.1 of response form ET3:] 1 It is [accepted OR not accepted OR denied] that the Claimant was employed by the Respondent as a [insert job title, eg ‘service engineer'] from [insert start date of employment] until his dismissal on [insert end date of employment]. It is [accepted OR denied] that the Respondent is [insert brief description of the nature of the Respondent, eg an internet service provider]. 2 The Respondent denies that the Claimant was unfairly dismissed[ and/or wrongfully dismissed], as alleged or at all. Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE 2006) [ Example 1 (Service provision change—response by purported transferee): ] 3 It is admitted that [the [Second] Respondent acquired the contract to provide [insert type of activity] to [insert name of entity for whom activity was carried out] OR the [First]

[Insert in para 6.1 of response form ET3:] 1 It is [accepted OR not accepted OR denied] that the Claimant was employed by the Respondent as a [insert job title, eg service engineer] from [insert date] until his dismissal on [insert date]. It is [accepted OR denied] that the Respondent is [insert brief description of the nature of the Respondent, eg an internet service provider]. 2 The Respondent denies that the Claimant was unfairly dismissed[ and/or wrongfully dismissed] [ and/or that there was a failure to comply with the statutory right to be accompanied by a trade union representative or colleague at a disciplinary hearing], as alleged or at all. [ The contract of employment ] 3 [It is accepted that the Claimant’s contract of employment included a notice period of [insert details, eg three months]. However, the contract of employment[ at paragraph [insert number]] also expressly provided for dismissal without notice in the case of gross misconduct.] 4 The contract of employment expressly provided that the following rules and procedures applied to the Claimant’s employment: [insert details of any relevant rules and procedures, eg the Respondent’s Code

[Insert in para 6.1 of response form ET3:] 1 It is [accepted OR not accepted OR denied] that the Claimant was employed by the Respondent as [insert job title, eg a financial analyst] from [insert datedate of employment] to [insert date][ at its [insert details of particular office or location, eg London Headquarters]]. It is [accepted OR denied] that the Respondent is [insert brief description of the nature of the Respondent, eg a global investment bank]. 2 The Respondent denies that the Claimant was constructively unfairly dismissed[ and/or wrongfully dismissed], as alleged or at all. [Insert details of the Respondent’s position on the terms relied upon by the Claimant. Sample text in response to the implied term of mutual trust and confidence (EXAMPLE A) is provided at paragraph 3 below.] 3 It is accepted that the Claimant’s contract of employment, dated [insert date], included an implied term that the Respondent would not, without reasonable and proper cause, conduct itself in a manner likely to destroy the relationship of trust and confidence between employer and employee. [Sample text in

[Insert in para 6.1 of response form ET3:] 1 It is [accepted OR not accepted OR denied] that the Claimant was employed by the Respondent as a [insert claimed job title, eg a receptionist] from [insert start date of employment] until [his OR her OR their] dismissal on [insert end date of employment]. It is [accepted OR denied] that the Respondent is [insert brief description of the nature of the Respondent, eg an internet service provider]. 2 Respondent denies that the Claimant was unfairly dismissed[ and/or wrongfully dismissed], as alleged or at all. [ The contract of employment ] 3 [It is [accepted OR not accepted OR denied] that the contract of employment included a notice period of [insert details, eg three months]. [The Claimant’s notice period was in fact [insert details, eg one month]].] 4 [Insert details of response to any other relevant contractual terms referred to in the claim or any other terms of relevance to the dismissal, eg ones that refer to absence management rules or procedures of relevance to the issues in question.] [ The Respondent’s absence management policies and/or procedures ]

[Insert in para 6.1 of response form ET3:] Status of claimant 1 It is denied that the Claimant worked for the Respondent as an employee under a contract of employment. The Claimant was at all material times a [self-employed [independent contractor OR non-executive director] of the Respondent] [insert details]. Contract void for illegality 2 The contract entered into between the Claimant and [insert name of company], which owned the undertaking which then transferred to the Respondent, provided that [insert details of illegality, eg 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].

[Insert in para 6.1 of response form ET3:] 1 It is [accepted OR not accepted OR denied] that the Claimant was employed by the Respondent as a [insert job title, eg Senior Accountant] from [insert date] until [his OR her OR their] dismissal on [insert date]. It is [accepted OR denied] that the Respondent is [insert brief description of the nature of the Respondent, eg an internet service provider]. 2 The Respondent denies that the Claimant was unfairly[ and/or wrongfully] dismissed[ and/or that there was a failure to comply with the statutory right to be accompanied by a trade union representative or colleague at a disciplinary hearing], as alleged or at all. [ The contract of employment ] 3 [It is [accepted OR not accepted OR denied] that the Claimant’s contract of employment included a notice period of [insert details, eg three months]. [The Claimant’s notice period was [insert details, eg two weeks]] ] 4 [Insert details of any other relevant contractual terms of relevance to the performance capability issues in question.] [ The Respondent’s relevant policies and procedures ] 5 [[Insert details of any relevant provisions of

[Insert in para 6.1 of response form ET3:] 1 It is [accepted OR not accepted OR denied] that the Claimant was employed by the Respondent [at its [insert details, eg London office]] as [enter job title, eg an electrican] from [insert date] until [his OR her OR their] dismissal on [insert date]. It is [accepted OR denied] that the Respondent is [insert brief description of the nature of the Respondent, eg a nationwide property maintenance service]. 2 For the reasons set out below, the Respondent denies that the Claimant was unfairly [and/or wrongfully ]dismissed, as alleged or at all. [It is further denied that the Respondent [insert details of any other claims, eg automatically unfairly dismissed the Claimant under section 152 of the Trade Union and Labour Relations (Consolidation) Act 1992 (TULR(C)A 1992), automatically unfairly selected the Claimant for redundancy under section 153 of TULR(C)A 1992, or failed to make payment of a statutory redundancy payment], as alleged or at all. ] [Additionally, the Respondent opposes the Claimant’s application for interim relief.] [ The contract of employment ] 3 [It is [accepted

1 It is [admitted OR denied] that the Claimant was employed by the Respondent as a [insert claimed job title] from [insert date] until [his OR her OR their] [ dismissal OR resignation] on [insert date]. It is [accepted OR denied] that the Respondent is [insert brief description of the nature of the Respondent, eg a company which produces cosmetics and skincare products]. 2 It is denied that the Claimant was unfairly dismissed, as alleged or at all. [Insert details of any relevant policies or training as background context. Sample text is provided at paragraph 2 below.] [ The Respondent’s policies and training 3 The Respondent encourages open communication of any concerns its employees may have. It has a comprehensive Whistleblowing Policy, a dedicated Whistleblowing Champion on the senior management team and provides all staff with training on its whistleblowing procedures and the protection of whistleblowers. [Insert response to claimed protected disclosure. Sample text is provided at paragraphs 4 to 7 below.] The Claimant’s disclosure 4 As to paragraph 2 of the Grounds of Claim, it is denied that the Claimant’s colleagues were improperly

[Insert in para 6.1 of response form ET3:] 1 It is [accepted OR denied] that on [insert date] the Respondent transferred [specify service, undertaking or part transferred] to [enter name of transferee], and that upon such transfer [enter number] of its employees became employed by [enter name of transferee]. [Set out details of Respondent’s position, eg what information was provided, what consultation occurred. Sample text for where the Respondent admits a failure to provide information in respect of the transferee’s measures is provided below.] 2 On [insert date], by [insert method of delivery,

[Insert in para 6.1 of claim form ET3:] 1 It is [admitted OR denied] that the Claimant works as [insert details, eg a legal secretary] and it is [admitted OR denied] that the First Respondent is a temporary work agency. The Second Respondent has no knowledge of the nature of the Claimant's contract with the First Respondent and makes no admissions in that respect. It is [admitted OR denied] that there was an agreement between the First Respondent and Second Respondent for the Claimant to provide [insert details, eg legal secretarial] services to the Second Respondent. 2 It is denied that the Second Respondent acted in breach of the Agency Workers Regulations 2010, as alleged or at all. [Insert the Respondent’s response to the Claimant’s account of the circumstances said to give rise to the claim, eg what happened, when and who was involved. Sample text is provided at paragraphs 3 to 7 below.] 3 It is admitted that the Claimant commenced working on [insert date]. She underwent an induction process on [insert date], as part of which she

[Insert in para 6.1 of claim form ET3:] 1 It is [admitted OR denied] that the Claimant works as [insert details, eg a legal secretary] and it is [admitted OR denied] that the First Respondent is a temporary work agency. It is [admitted OR denied] that the Claimant has a contract with the First Respondent to provide [insert details, eg legal secretarial] services to clients of the First Respondent [and it is accepted OR but it is denied] that that contract is a contract of employment. It is [admitted OR denied] that there was an agreement between the Claimant and the First Respondent for the Claimant to provide [insert details, eg legal secretarial] services to the Second Respondent. 2 It is denied that the First Respondent acted in breach of the Agency Workers Regulations 2010, as alleged or at all. [Insert the Respondent’s response to the Claimant’s account

[Insert in para 6.1 of response form ET3:] Example 1: 1 It is admitted that the Claimant is employed by the Respondent as a [insert job title, eg branch sales manager] and that the Claimant is [insert age, eg 58 years old].[ The Respondent is [insert brief description of the nature of the Respondent, eg a national car sales business].] 2 It is denied that the Respondent subjected the Claimant to direct discrimination, indirect discrimination or harassment, as alleged or at all. [Insert details of the Respondent’s response to the claims made. Sample text is provided at paragraphs 3 and 5 below.] 3 It is admitted that on [insert date] the Claimant applied for a promotion to the role of Regional Sales Manager. There were a number of applicants for the role. [insert name], who was appointed to the job, did not have the same length of service with the Respondent