Example 1—Wrongful dismissal: gross misconduct [Insert in para 6.1 of response form ET3:] 1 It is admitted that on [insert date] the Respondent summarily dismissed the Claimant from his employment as [enter position, eg sales manager]. For the reasons set out below, it was fully entitled to do so. 2 It is [admitted OR not admitted OR denied OR that the Claimant was employed by the Respondent as a [insert details of claimed job, eg sales manager] under a contract of employment dated [insert date]. [Insert details of response to contractual terms pleaded in the claim. Sample text is provided at paragraph 3.] 3 It is admitted OR not admitted OR denied OR that the contract of employment contained the [express OR implied OR express and implied] terms set out in paragraphs [insert numbers] of the claim. [Insert details of any other relevant contractual terms. Sample text is provided at paragraphs 4 and 5.] 4 It was also an express term of the Claimant’s contract that he could be dismissed without notice for gross misconduct. 5 A further express term of

[Insert in para 6.1 of response form ET3:] 1 It is [accepted OR denied] that the Claimant has been employed by the Respondent as a [insert claimed job title][ at the Respondent’s premises at [insert address]] since [insert date]. 2 The Respondent denies that it has in any way acted unlawfully towards the Claimant as alleged or at all. [ Relevant contractual terms and policies [Insert response to any contractual terms, policies or practices relied upon by the Claimant. Sample text is provided a paragraphs 3 and 4 below.] 3 It is denied that the Claimant was entitled under the terms of his contract of employment to gym membership. His contractual terms actually provided for optional subsidised gym membership. The Claimant, like any other of the Respondent’s employees who chose to take up the subsidised gym membership, was required to pay a small contribution to the cost of the membership, paid directly

[Insert in para 6.1 of response form ET3] 1 It is [accepted 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] resignation on [insert date]. It is [accepted OR denied] that the Respondent is [insert brief description of the nature of the Respondent]. 2 The Respondent denies that the Claimant was [insert details of claims made, eg discriminated against, harassed, victimised or unfairly constructively dismissed], as alleged or at all. [ Jurisdiction ] [Insert details of any jurisdictional defences that the respondent wishes to argue. Sample text is provided at paragraph 3 below.] 3 Other than the constructive dismissal claim, all of the Claimant’s claims have been presented out of time and the tribunal has no jurisdiction to hear them. It is denied that any or all of the acts amount to a continuing act, or that it would be just and equitable to extend time. [ Contractual terms, policies and training ] [Insert details of the Respondent’s response to any background information provided by the Claimant, eg about relevant

[Insert in para 6.1 of response form ET3:] 1 It is [accepted OR denied] that the Claimant was employed by the Respondent as a [insert claimed job title, eg a trainee solicitor] 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 international law firm]. 2 The Respondent denies that the Claimant was [insert details of claims made, eg discriminated against, harassed, victimised or unfairly dismissed], as alleged or at all. [ Jurisdiction ] [Insert details of any jurisdictional defences that the respondent wishes to argue. Example text is provided at paragraph 3 below.] 3 [Other than the complaints about the dismissal and the alleged reference requests, all other acts complained of have been presented outside the statutory time limit and the employment tribunal has no jurisdiction to consider them. It is denied that any or all of the acts amount to a continuing

[Insert in para 6.1 of response form ET3:] 1 It is [accepted OR denied] that the Claimant was employed by the Respondent as a [insert claimed job title] from [insert date] until her dismissal on [insert date]. It is [accepted OR denied] that the Respondent is [insert brief description of the nature of the Respondent]. 2 The Respondent denies that it has in any way acted unlawfully towards the Claimant as alleged or at all. 3 [It is [accepted OR denied OR that the Claimant’s contract of employment included a notice period of [insert details, eg three months].] 4 [It is accepted OR denied] that the Respondent did not provide the Claimant with the required employment particulars. [The Claimant was provided with and signed a contract of employment on [insert date].] ] [Insert

[Insert in para 6.1 of response form ET3:] 1 It is [accepted OR denied] that the Claimant was employed by the Respondent as a [insert claimed job title, eg a trainee accountant] [insert details of location, eg at its London office] from [insert date] until her dismissal on [insert date]. It is [accepted OR denied] that the Respondent is [insert brief description of the nature of the Respondent, eg an accountancy firm with five offices]. 2 The Respondent denies that it has in any way acted unlawfully towards the Claimant, as alleged or at all. 3 [It is [accepted OR denied OR that the Claimant’s contract of employment included a notice period of [insert details, eg three months]. OR It is accepted OR denied] that the Respondent did not provide the Claimant with the required employment particulars. [The Claimant was provided with and signed a contract of employment on [insert date].] ] [Insert response to factual allegations made by the Claimant. Sample text is provided at paragraphs 4 to 15 below.] 4 It is accepted that the Claimant had completed

[Insert in para 6.1 of response form ET3:] 1 [It is [accepted OR not accepted OR denied] that the Claimant has been employed by the Respondent as a [insert job title] since [insert start date of employment]. OR It is [accepted OR not accepted OR denied] that the Claimant was employed by the Respondent as a [insert job title] from [insert start date of employment] until [his OR her OR their] employment was terminated on [insert effective date of termination]]. [Insert details of any alternative facts that Respondent puts forward as to the background relationship, eg if they assert different dates of employment.] 2 The Respondent denies that it has acted in breach of the Working Time Regulations 1998[, or made an unlawful deduction from wages in respect of holiday pay] [, or acted in breach of contract], as alleged or at all. 3 [It is also denied that the employment tribunal has jurisdiction to hear the claim because[ insert details, eg ‘the claim has been presented out of time’ or ‘the Claimant is not a worker so has no entitlement to paid holiday'].] The

[Insert in para 6.1 of response form ET3:] 1 It is [accepted OR denied OR that the Claimant is a [woman OR man] employed by the Respondent at its [insert details, eg establishment/ store/ offices] at [insert address]. [The Claimant is [insert details, eg different job title or different site to that claimed].] It is accepted OR denied] that the Respondent is a [insert details, eg national supermarket chain’]. [The Respondent is [insert details, eg different description to that claimed].] 2 The Respondent denies that there was a breach of the sex equality clause, as alleged or at all. 3 [[Insert details of any jurisdictional defences.]] 4 It is [admitted OR denied] that the Claimant’s contract of employment included terms that [insert details of relevant terms, eg pay of £12.50 per hour and 28 days of paid annual leave]. [The Claimant’s contractual terms instead state [insert details of relevant terms, eg pay of £13.50 per hour].] 5 It is accepted that [insert name of comparator] is [insert details, eg a man employed by the Respondent at the same store]. [However, it is denied that [insert details,

[Insert in para 6.1 of response form ET3:] 1 [It is [accepted OR denied] that the Claimant has been employed by the Respondent as a [insert claimed job title, eg a trainee solicitor] since [insert date]. It is [accepted OR denied] that the Respondent is [insert brief description of the nature of the Respondent]. 2 The Respondent denies that it has not met its statutory obligations in respect of a flexible work request, as alleged or at all. [Jurisdiction] [Insert details of any jurisdictional defences. Sample text for four potential jurisdictional defences is provided below.] 3 [Further, the tribunal has no jurisdiction to consider the Claimant’s complaint.] 4 [ [ JURISDICTIONAL DEFENCE—OPTION 1—CLAIM SUBMITTED PREMATURELY: ]The decision period, as defined under section 80F(1B) of the Employment Rights Act 1996 (ERA 1996), in relation to the Claimant’s flexible working request would have expired on [insert date]. In fact, when the Claimant’s ET1 was submitted to the tribunal on [insert date]: 4.1 [the decision period had not yet expired, and 4.2 the Respondent had not yet notified the Claimant of its decision on the [flexible working request OR appeal

[Insert in para 6.1 of response form ET3:] 1 It is [admitted OR denied OR that the Claimant has been employed by the Respondent since [insert date] as a [sales executive]. It is admitted OR denied] that the Respondent is [insert description, eg a life insurance company] [ Jurisdiction ] [[Insert details of any jurisdictional defences that the respondent wishes to argue. Sample text is provided at paragraph 2 below.]] 2 [The acts and/ or omissions complained of have been presented outside the statutory time limit and the employment tribunal has no jurisdiction to consider them. It is denied that any or all of the acts amount to a continuing act, or that it would be just and equitable to extend time.] [ Disability ] [Insert details of the respondent’s position on the claimant’s claimed disability or disabilities. Sample text is provided at paragraph 3 below.] 3 It is admitted that the Claimant suffers from diabetes and that his diabetes is a disability within the meaning of the Equality Act 2010, s 6(1). No admissions are made as to whether the Claimant is dyslexic and whether

[Insert in para 6.1 of claim form ET3:] 1 It is [accepted OR denied] that the Claimant has been employed by the Respondent as a [insert claimed job title][ at the Respondent’s premises at [insert address]] since [insert start date of employment]. 2 It is denied that the Respondent subjected the Claimant to a detriment on health and safety grounds, as alleged or at all. 3 The Respondent takes the health and safety of its workforce very seriously. [Insert details of any policies, training, procedures, health and safety committees or safety checks in place.] 4 It is [accepted OR denied] that the Claimant is the [insert details, eg shop-floor] health and safety representative at the above premises, and is recognised as such by the Respondent. [[If denied, insert details of why the Claimant’s status as a health and safety representative is denied, eg The elected health and safety representatives at the respondent were in fact [insert name] and [insert name]. The Claimant had stood as a candidate but did not receive enough votes to be elected.]] [Insert the Respondent’s response to the Claimant’s

[Insert in para 6.1 of response form ET3:] 1 It is [accepted OR denied] that the Claimant is [insert age, eg 60] years old and has been employed by the Respondent as a [insert claimed job title] since [insert date]. It is [accepted OR denied] that the Respondent is [insert brief description of the nature of the Respondent, eg an information technology company]. 2 The Respondent denies that the Claimant was subjected to indirect age discrimination or harassment, as alleged or at all. [ Jurisdiction ] [Insert details of any jurisdictional defences that the respondent wishes to argue. Example text is provided at paragraph 3 below.] 3 [The claims of harassment have been presented outside the statutory time limit and the employment tribunal has no jurisdiction to consider them. It is denied