Mistakes on ET1 Form - Resending Claim

[ihbju]

Hi,


If I made a mistake on my ET1 claim, can I just make a new claim with the fixes?


Or do I have to apply to amend the original claim?


Can anything go wrong if I make a new claim now, and withdraw the original claim later?

[ULA]

I presume that you have submitted your ET1 form having received an Early Conciliation certificate?

Unfortunately you cannot make a new ET1 form you have to make an application to submit an amended particulars of claim.

[ihbju]

Yes, I've got the Early Conciliation certificate, and I think most of the ET1 has been form has been filled correctly

But I have left out a claim in Section 8.1, under 'I am making another type of claim'.

Does this matter?


How do I make an application to submit amended particulars?

[ULA]

If you have sent in your ET1 without giving full details of what other type of claim you are making, then yes you need to submit an application to amend your particulars of claim.

Also I presume you have taken a copy of the ET1 form you submitted for your records.

[ihbju]

Yes I have

[ihbju]

Can I send any amendments by email to the Tribunal?

[ULA]

ihbju I have merged your two thread and request that you please do not start a new thread for each question that you have on your tribunal claim it is much easier for those of us advising if everything is one thread.

You can certainly send an email to the Tribunal with your application to amend and you also need to send a copy to the respondent. In addition provide a written version of the draft amended particulars of claim so that this can be reviewed by a Judge.

[ihbju]

Do I need to send a copy to the respondent if the respondent has not yet received my claim?

I only made my claim a couple days ago, so the respondent doesn't know about it yet

[ULA]

If it that early in the process then when you send it make sure the Tribunal is aware you have not send onto the respondent due to the fact that you have only just send in the ET1.

Can I just advise that as you move through this process you make sure that you cover everything in respect of your claim as and when required to do so. Given that the Tribunal is in backlog it makes it very difficult if all information is not provided at the required time.

[ihbju]

Hi,


My claim was accepted, and the Tribunal has sent a copy to my Employer in the post.


However, my employer uses a business address service to receive any mail, instead of using their own office address. They only know if they have mail by going to check this other address. I'm not sure how often they check for mail, but I don't think it's very often. Maybe once every week or two.


What happens if my employer doesn't send in an ET3 response due to not checking their mail until it's too late?

Should I let my employer know to expect a letter from the Tribunal so they know to check?

[ULA]

Your employer has to respond to the ET3 within 28 days from when it was sent out. If they do not pick it up for a week or two because you stated your employer's address in your ET1 as the office address not their mail service address, then they still have 28 days to respond. Although they can apply for an extension in which to respond.

[ihbju]

I noticed my ET1 form has two dates received on it.

It has one date in the 'Date Received' box, on the top right, but the Tribunal have also stamped the page and the stamp has a different and later date received.


Which date is used to work out whether the claims are on time or not?

[ihbju]

The stamped date is the date that they accepted my application to amend my claim, but this date would make my claim out of time.

Does amending a claim change the Date Received?


If my claim is out of time, when will the Tribunal tell me this?


If my claim is out of time, and the Tribunal does not allow my claim to continue, and they do not accept any appeals etc. Is there anything else I can do? Is there an alternative to the Employment Tribunal, where I could take my claim instead? Is there another court of some sort?

[ULA]

Firstly, with any personal information blacked out please can you post up a photo of what you mean.

Secondly when you sent in your application to amend the claim and add a further claim was this within the correct deadline?

[ihbju]

Yes this is a photo.


The first date is the date when I first sent in my claims online. The second date, in the stamp, is when the tribunal accepted my amendments.


I did send in my application by email within the deadline, but then I decided there was a couple of other small changes that I wanted to make, so I sent in a second application by email, which was also before the deadline. however, a few days later, after the deadline had passed, the tribunal sent me an email telling me that it was not clear which ET1/ Particulars I wanted to use, and they asked me to send them an email with the one I wished to use, and said that it is in my interest to do so as soon as possible. I sent them an email with a copy on the same day.


When the tribunal accepted my claims, they sent me a copy of my ET1, which now has a second date stamped onto it. This date is the same date as when the tribunal emailed me and I resent a copy of the ET1/Particulars. This new date received will make my claim out of time, if this is the correct date to use.


I probably shouldnt have risked making a second application for amendments, especially since the second application was for minor things that didnt really need changed. If I'd known replying to the tribunal with a copy was going to make my claim out of time, then I would've told them that I no longer wanted to make amendments