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If an employee chooses to make a Tribunal Claim, they will fill in a form called an ET1 in which they will specify the nature of their complaint against the organisation.
The employer will then receive notification that a claim has been made and will be asked to make their response on a form called an ET3 within 28 days of the original submission of the ET1.
Defending a claim at Tribunal is both time consuming and costly, and there are a number of alternative options:
- The claim can be settled through a conciliation officer at ACAS. ACAS is involved automatically in nearly all types of complaint heard at an Employment Tribunal. The Employment Tribunal Service will send ACAS a copy of the ET1 and ET3 and they will contact both you and your employee or worker, by letter. If you prefer, you can decide not to deal with ACAS directly but through a representative such as your solicitor.
- The claim can be settled the claim privately through an appropriate adviser.
- Your employee can withdraw the claim by writing to the Tribunal.
- For cases of alleged unfair dismissal or cases about requests for flexible working only, you can both agree to opt for the ACAS Arbitration Scheme
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