ET3 Response Deadline: How Long Do Employers Have to Respond to a Tribunal Claim?

The ET3 is your formal reply to an employment tribunal claim. Getting the deadline right is the single most important step in defending a claim. This guide explains how the deadline works, how to ask for more time and what is at stake if it passes.

General information only, not legal advice. Check your tribunal paperwork for the exact dates that apply to you.

What is the ET3 form?

The ET3 is the response form that an employer (the respondent) files to answer an ET1 claim. It tells the tribunal whether you accept or dispute the claim, and it sets out your version of events. If you are replying to a claim that is already in progress, see our guide for employers who have just received an ET1.

How long do you have to submit an ET3?

The standard time limit is 28 days from the date the tribunal sent you a copy of the claim. The tribunal usually states the date in the covering letter or email. Weekends and bank holidays count towards the 28 days, so do not assume a deadline moves because a day falls on a weekend.

A simple way to calculate it

1.Find the date on the tribunal's covering letter or email.

2.Add 28 calendar days.

3.Put a reminder in your diary ten days before that date, as an internal deadline.

4.If the deadline falls on a day the tribunal is closed, check the tribunal's guidance, but do not rely on this: submit earlier.

What does the ET3 need to contain?

• Your organisation's details, correctly named, as shown in the claim or as it is registered.

• Whether you accept that the claimant worked for you, and the dates of employment.

• Whether you dispute any part of the claim, and which parts.

• The facts that support your defence, set out clearly and in order.

• Any preliminary issues, such as claims brought out of time.

Be specific. A vague response can make it harder to defend the claim later.

Can you get an extension?

Yes, but it is not automatic. You can ask the tribunal for more time, and it is best to do so before the deadline, in writing, with clear reasons, and with a copy sent to the claimant as the tribunal rules require. The tribunal decides whether to grant it. A good reason, such as illness of the key person or a delay in getting documents, helps. "We were busy" does not.

What happens if you miss the ET3 deadline?

If no response arrives in time, the tribunal can issue a default judgment. That means the claimant may win without the tribunal hearing your side, and you may then have to apply to have the judgment set aside. This can be costly and uncertain, so treat the deadline as fixed.

Common reasons employers miss it

• The claim went to an old address or a shared inbox nobody monitors.

• Management assumed Acas conciliation would stop the clock.

• Responsibility was not given to a named person.

• The employer was waiting for legal advice and left it too late.

What to do next

Confirm the deadline today, name one person responsible and gather your documents. If you are within a week of the deadline, get specialist help now.