Make Sure Your ET1 Includes All of Your Claims: Essential Guidance for Employment Tribunal Claimants

When starting an Employment Tribunal claim, your ET1 claim form is the single most important document you will draft. It is not a placeholder. It is not a “first attempt.” And it is not a document you can simply expand later when you remember more points.

Your ET1 must contain the full substance of your case from the outset.Failing to do so can severely limit, or even prevent, your ability to pursue your legal rights.

In this guide, we explain why your ET1 must be complete, what you cannot rely on later, and how to avoid the costly mistakes that trap many claimants.

Why Your ET1 Matters So Much

The Employment Tribunal and the respondent (your employer or former employer) are entitled to treat your entire case as being contained within the ET1. If something is missing, the Tribunal may decide:

• it has no jurisdiction to hear it, or

• you cannot raise it without a formal amendment, which may be refused.

  
  

You get one opportunity to set out your full case at the start.

Your ET1 Must Clearly Set Out:

• All legal claims you intend to bring (e.g., unfair dismissal, discrimination, whistleblowing, victimisation).

• All essential factual allegations supporting each claim.

• The core basis of your case, explained clearly and coherently.

Your case should be expressed in a way that allows the Tribunal and the respondent to understand exactly what you are alleging and why.

You Cannot Rely On:

• “Adding new claims later” without a formal application to amend.

• Changing your case after submission because a different angle suddenly seems helpful.

• Using witness statements to introduce new allegations.

• Suggesting that something “was always part of your case” if it does not appear in the ET1.

Witness statements, schedules, documents and correspondence cannot expand the scope of the case. Only the ET1 (and the employer’s ET3) define the legal boundaries of the dispute.

Why This Rule Matters So Much

1. Your case is limited to what is in the ET1

If a claim or critical allegation is missing, the Tribunal may find it has no power to deal with it. Even strong claims fail this way.

2. Adding new claims is possible—but far from guaranteed

A formal amendment application is required to introduce new causes of action. But:

• The Tribunal may refuse the amendment.

• If the time limit has expired, the Tribunal may have no jurisdiction to allow it at all.

This can leave you permanently barred from bringing a genuine claim simply because it was not included from the start.

3. It stops cases being based on “shifting sands”

The Tribunal system relies on:

• clarity

• fairness

• focus

Once your ET1 is submitted, neither party should be blindsided by new allegations introduced months later.

4. Strict time limits mean missing claims can die

Most employment claims have extremely short limitation periods (typically three months minus one day).If the legal basis is not written in the ET1, the Tribunal can treat it as out of time, even if related facts are mentioned elsewhere.

5. Witness statements are NOT pleadings

A witness statement cannot:

• introduce a new claim

• add new material allegations

• fix a defective ET1

Your statement is evidence, not your legal case.The ET1 is the foundation document—and the Tribunal will hold you to it.

In Summary

Your ET1 is:

• Not just a starting point

• Not a draft

• Not something you can freely expand later

It is the foundation and the limits of your entire Employment Tribunal case.

To protect your rights:

• Include all legal claims from the beginning.

• Set out all essential factual allegations supporting each claim.

• Seek advice before submission if you are unsure.

Mistakes made at ET1 stage can seriously restrict—or completely prevent—you from pursuing justice.

Need Help Drafting Your ET1?

If you want to ensure your ET1 is complete, strategic and aligned with Tribunal expectations, professional guidance can make a decisive difference. As a freelance employment solicitor, I can help you:

• identify all potential claims you may have

• draft a clear and effective ET1

• avoid common pitfalls that cause claims to fail

• safeguard your right to pursue compensation

Feel free to get in touch for tailored, expert support.

Keywords: ET1 claim form, Employment Tribunal, amend ET1, Selkent principles, employment law advice, workplace rights, unfair dismissal claim, discrimination claim, UK employment solicitor.