How employers respond to a tribunal claim: the ET3 explained

When an employment tribunal claim is made, the tribunal sends the employer (the respondent) a copy of the claim form, and the employer must send back a response, the ET3, so that the tribunal receives it within 28 days of the date the claim was sent. The response gives the employer's side of the case. If no response arrives in time, the tribunal may decide the case without the employer having a say, so act as soon as the claim arrives.

Updated 24 October 2026. General information only, not advice on your situation.

The 28-day deadline

Rule 17 of the Employment Tribunal Procedure Rules 2024 says the response must be presented in accordance with any practice direction and that the tribunal must receive it within 28 days of the date that the copy of the claim form was sent by the tribunal. The clock runs from when the tribunal sent the claim, not from when you opened the post, so check the date on the tribunal's letter or email straight away.

What the response is for

GOV.UK explains that the respondent gives their side of the case in writing. Once the response is in, the tribunal decides whether there will be a full hearing. The response is where you say whether you accept or dispute the claim and why, so it is worth setting out your account carefully, with dates, rather than rushing a short denial.

Asking for more time

Rule 21 allows a respondent to make a written application to the tribunal for an extension of time for presenting a response. The application must set out the reasons why the extension is needed. Do not assume one will be granted: apply promptly and keep working on the response while you wait.

If no response is sent

GOV.UK says that if the respondent does not reply, the tribunal may decide the case without the claimant having to go to a hearing. In practice that means an employer who ignores a claim risks losing it without being heard.

What happens next

The tribunal may arrange a preliminary hearing to decide matters such as which parts of the claim can go ahead, the hearing date and how both sides prepare. Both sides must share relevant documents, even ones that do not help their case, and the tribunal usually issues an order with a timetable. Many disputes still settle: if an agreement is reached through Acas, Acas usually tells the tribunal.

Practical steps on receiving a claim

Diarise the 28-day date on the day the claim arrives
Preserve all relevant documents and emails and stop routine deletion
Identify who has first-hand knowledge of each event and ask them to write down what they remember while it is fresh
Check what the Acas Code of Practice required of you and what was actually done
Consider early settlement talks through Acas before costs build up

How Courtwise can help

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Questions

How long does an employer have to submit the ET3?

The tribunal must receive the response within 28 days of the date it sent the claim form to the respondent, unless an extension is granted.

Can an employer ask for an extension?

Yes. Under rule 21 of the Employment Tribunal Procedure Rules 2024 the respondent can apply in writing, giving reasons. The tribunal decides whether to allow it.

What if the employer does not respond?

GOV.UK says the tribunal may decide the case without the claimant having to go to a hearing.

Does Courtwise submit the ET3 for us?

No. Courtwise is not a firm of solicitors and does not conduct litigation. It can help a small business organise documents, draft a clear chronology and prepare its own response, which the business submits itself.

Official sources

Related guides

This guide is general information about the law and procedure in England and Wales. It is not legal advice and does not create a client relationship. Courtwise is not a firm of solicitors and is not regulated by the Solicitors Regulation Authority.