ET1 Grounds of Complaint — Unfair Dismissal

Legal Basis

Employment Rights Act 1996 ss.94–98 (right not to be unfairly dismissed); ERA 1996 s.98 (fairness of dismissal — potentially fair reasons: capability, conduct, redundancy, statutory bar, some other substantial reason); ERA 1996 s.98(4) (whether employer acted reasonably — band of reasonable responses test per Iceland Frozen Foods v Jones [1983] ICR 17); Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013.

• ✗Missing the strict three-month less one day limitation period from the effective date of termination
• ✗Not completing Acas early conciliation before submitting the ET1 — this is a mandatory pre-condition
• ✗Writing a narrative of grievances rather than a focused legal claim — the ET1 should state the reason for dismissal, why it was unfair, and the remedy sought
• ✗Not specifying continuous service dates — the tribunal must establish the two-year qualifying period
• ✗Including every workplace grievance rather than the specific acts and omissions that rendered the dismissal unfair

Build Your Letter

**EMPLOYMENT TRIBUNAL CLAIM — GROUNDS OF COMPLAINT**
**(ET1 Box 8.2)**

Claimant: [YOUR FULL NAME (CLAIMANT)]
Respondent: [EMPLOYER'S NAME (RESPONDENT)]
Acas early conciliation certificate number: [ACAS EARLY CONCILIATION CERTIFICATE NUMBER]

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**1. Introduction**

The Claimant, [YOUR FULL NAME (CLAIMANT)], was employed by the Respondent, [EMPLOYER'S NAME (RESPONDENT)], from [EMPLOYMENT START DATE] to [EFFECTIVE DATE OF TERMINATION (EDT)] (the "EDT"), a period of continuous service of [LENGTH OF CONTINUOUS SERVICE]. The Claimant held the position of [YOUR JOB TITLE].

**2. The Dismissal**

On [DATE YOU WERE INFORMED OF DISMISSAL], the Claimant was dismissed by [NAME OF PERSON WHO DISMISSED YOU], [THAT PERSON'S TITLE]. The reason given for dismissal was [REASON GIVEN FOR DISMISSAL].

**3. The Alleged Reason for Dismissal**

The Respondent alleges the reason for dismissal was [LEGAL CATEGORY OF REASON] within the meaning of section 98(1)/(2) of the Employment Rights Act 1996. The Claimant [DO YOU ACCEPT OR DENY THE STATED REASON?] that this was the true reason for dismissal.

[IF DENYING THE REASON — WHAT WAS THE TRUE REASON?]

**4. Why the Dismissal Was Unfair**

Even if the Tribunal finds that the Respondent's stated reason was the true reason, the Claimant contends that the dismissal was unfair because the Respondent acted outside the band of reasonable responses (Iceland Frozen Foods v Jones [1983] ICR 17) in the following respects:

(a) **Procedural unfairness:** [PROCEDURAL FAILURES BY THE EMPLOYER]

(b) **Substantive unfairness:** [WHY DISMISSAL WAS SUBSTANTIVELY DISPROPORTIONATE]

(c) **Failure to follow the Acas Code of Practice on Disciplinary and Grievance Procedures:**
The Respondent failed to: [SPECIFIC ACAS CODE FAILURES].
The Claimant respectfully requests that the Tribunal apply an uplift of up to 25% to any compensatory award pursuant to section 207A of the Trade Union and Labour Relations (Consolidation) Act 1992.

**5. Loss Suffered**

As a result of the unfair dismissal, the Claimant has suffered the following losses:

- Basic award (to be calculated);
- Compensatory award comprising: [SUMMARY OF COMPENSATORY LOSSES];
- Loss of statutory rights;
- Injury to feelings: [INJURY TO FEELINGS (IF CLAIMED)].

**6. Remedy Sought**

The Claimant seeks: [REMEDY SOUGHT].

The Claimant is / is not willing to return to work for the Respondent because [WHETHER WILLING TO RETURN TO EMPLOYER].

Related Rights

• Employment Rights

Frequently asked questions

What are the basic requirements for making an unfair dismissal claim?

To bring an unfair dismissal claim, you generally need at least two years of continuous service. You must also notify Acas for early conciliation before submitting your claim. The ET1 form must be filed within three months less one day of the effective date of termination, or the end date of the Acas early conciliation certificate, whichever is later.

Do I need to contact Acas before filing my ET1 form?

You must complete Acas early conciliation before submitting the ET1 form. This is a mandatory pre-condition for the claim. You should include the Acas early conciliation certificate number in your claim form. Failing to complete this step before filing can result in your claim being rejected.

What should I include in the grounds of complaint section of the ET1?

The ET1 grounds of complaint should focus on the specific reason for dismissal and why it was unfair. You should state the employer’s alleged reason, whether you accept or deny it, and detail any procedural or substantive failures. Avoid writing a general narrative of grievances; instead, specify the acts and omissions that rendered the dismissal unfair.

How does the tribunal decide if a dismissal was unfair?

The tribunal assesses fairness using the 'band of reasonable responses' test. A dismissal is unfair if the employer acted outside this band. This can involve procedural failures, such as not following the Acas Code of Practice, or substantive unfairness, such as imposing a disproportionate sanction given the employee’s record.

Can I get extra compensation if my employer ignored the Acas Code?

If the employer failed to follow the Acas Code of Practice on Disciplinary and Grievance Procedures, the tribunal may apply an uplift of up to 25% to any compensatory award. This is done pursuant to section 207A of the Trade Union and Labour Relations (Consolidation) Act 1992.

Can I use this template for discrimination or whistleblowing claims?

This template is specifically for unfair dismissal claims under the Employment Rights Act 1996. It should not be used for discrimination, whistleblowing detriment, or automatic unfair dismissal claims, as these require different legal frameworks. If your claim involves multiple issues, you must draft separate grounds for each head of complaint.