37 documents you may encounter during your Employment Tribunal claim (and what they mean)

When you’re running your own Employment Tribunal case, you might feel like documents are coming at you from all angles, especially when they have obscure names like “ET3”, “Schedule of Loss”, and “Hearing Bundle”.

Don’t worry, you can stay in control - even if you don’t have a lawyer - by arming yourself with information about what’s coming next. Here are 37 documents you might encounter during your Employment Tribunal journey and when they might come up.

1. Grievance letter

A grievance letter is a complaint that you make to your employer under the employer's grievance procedure. This is often the first step taken by employees who are having a tough time at work. 

Helpful guides:

• ‍How to raise a formal grievance‍
• Your employer’s obligations when you have a grievance at work‍
• What can I ask for when I raise a grievance

To quickly and effectively draft your formal grievance letter, use our Grievance Letter template. 

2. Grievance appeal letter

If you are unhappy with the result of your grievance, you can send to your employer a grievance appeal letter. 

Your employer should allow you to appeal - check their grievance procedure to see if there are any time limits on this. If they don’t have a grievance procedure, they should at least follow the ACAS Code of Practice on Disciplinary and Grievance Procedures.

For help with writing your formal letter, use our Grievance Appeal Letter template.

3. Resignation letter

This may not seem like an obvious one to include on the list, but particularly if you’re making a claim for constructive dismissal, then you should think about your resignation letter as an important document in your case. 

If you’re arguing that due to your employer’s behaviour, you had no choice but to resign from your employment, then your resignation letter should say why you are resigning and should explain any delay in resigning. 

4. ET1

The ET1 is the legal form that you complete and submit to the Tribunal to start your claim. Section 8.2 is the most time-consuming part of the form to fill in - you may want to attach a separate document to do this (called the Particulars of Claim in England and Wales and the Paper Apart in Scotland). 

The UK Government website has a copy of the ET1 form (there is a slightly different form if you are making a claim with others).  

5. Particulars of Claim

In England and Wales, the Particulars of Claim is a document which you attach to your ET1 form to give more detail about the claim. This is where you give the background facts, and set out what legal claims you are making and why.

How to fill in your ET1 Particulars of Claim

6. Paper Apart

In Scotland, the Paper Apart is the document that you attach to your ET1 form, to give more detail about the claim. This is where you give the background facts, and set out what legal claims you are making and why.

You can find out how to draft your Paper Apart in our guide on filling in your ET1 form.

7. Case Management Agenda

A Case Management Agenda is a template document which the Tribunal sends to both you and the respondent to fill in before the first Preliminary Hearing. It can save time if you can agree on what you say.

Find out more about completing your Case Management Agenda

8. Proposed Case Management Orders

An Employment Tribunal Case Management Order is a formal instruction for you to do something by a certain date. This may include providing evidence and documents to the Tribunal and disclosing and exchanging evidence with your employer. It may be helpful for you to propose Case Management Orders, along with your employer if possible.

Ultimately, it’s up to the Judge to decide on what Case Management Orders to make and the deadlines, however if you’re able to agree with your employer, the Tribunal is likely to follow your lead.

You can send the proposed Case Management Orders to the Tribunal, along with the Case Management Agenda, copying in the Respondent.

Get help with your case documents and prepare for your hearing with expert legal support.

9. List of Issues

The List of Issues document sets out the legal points that the Tribunal needs to decide in the case. It can be helpful to complete a draft List of Issues prior to the Case Management Preliminary Hearing.

If possible, a List of Issues should be agreed with the Respondent along with the Agenda for Case Management, and sent to the Tribunal as an enclosure to the Agenda.

You can draft your List of Issues with the help of our coaches.

10. Witness statement

A witness statement is a document, usually signed, by someone who has witnessed events, setting out their evidence in their own words. 

You may draft your own witness statement for your Employment Tribunal case, which will set out what happened and might refer to other documents that form part of the evidence (such as emails that you sent or received at the time of the incident(s). Witness statements may also be used in grievance or disciplinary investigations. 

Guidance on how to write an Employment Tribunal witness statement.

11. Chronology

A chronology is a document setting out a brief description of each of the events that are relevant to the case, in chronological order. The Tribunal may ask you to submit a chronology. Usually they will ask you and the other side to agree to the wording if possible. The Tribunal will normally ask you to submit this before the Final Hearing. 

Even if the Tribunal don’t ask you to submit a chronology, it’s still really useful to have a timeline of all of the key events for your own use (and to share with any advisors or friends who are helping out). 

To help you briefly set out the facts of your claim in chronological order, use the timeline in Valla. 

12. Statement of agreed facts

A statement of agreed facts is quite similar to a chronology - it is almost a more detailed version of a chronology. The difference tends to be that a chronology just lists the key events in date order, with a very brief (usually one-line) description of each event. A statement of agreed facts, on the other hand, will look more like your ET1, with numbered paragraphs going into more detail on all of the relevant background and facts that have been agreed. 

The Tribunal may ask you and the Respondent to prepare a statement of agreed facts. It will save time for the Tribunal, as they can then easily see all of the key facts in one place (to the extent that these facts are not in dispute).

13. Data subject access request letter

You will probably have heard of GDPR, the law that controls how your data can be dealt with by organisations that have access to it. 

A key aspect of the GDPR is the right to request copies of your own personal data - often called a Data Subject Access Request (DSAR) or Subject Access Request (SAR).

You can do this by making a request to your employer, either verbally or in writing - it’s much clearer to do this in writing though, by specifying exactly what information you are requesting.

Use our free DSAR Letter template to get access to your data.

14. Application for Preliminary Hearing

Either you or the Respondent can make this application to the Employment Tribunal, asking that the Tribunal list a Preliminary Hearing. For example, a Substantive Preliminary Hearing might be needed where there’s an important issue that needs to be sorted out before the claim can progress any further. 

The Respondent might make an application for a Preliminary Hearing, for example, if they thought that any of your claims were out of time.

To easily apply to the Employment Tribunal for a Preliminary Hearing, use our Application for Preliminary Hearing letter template.

15. Application for postponement/adjournment

Either you or the Respondent can make this application to the Employment Tribunal, asking that the Tribunal either postpone or adjourn a hearing. A postponement could be granted if a hearing hasn’t started yet, to move it to a later date. An adjournment could be granted if the hearing has already started, to pause it and continue it at a later date. 

For example, you might need to apply to postpone or adjourn a hearing because you’re unwell, or because your witnesses or solicitor is unavailable.

To apply to the Employment Tribunal for a postponement or adjournment of a hearing, use our Application for Postponement/Adjournment template.

16. Application to amend claim/response

Either you or the Respondent can make this application to the Employment Tribunal, asking that the Tribunal make an amendment to the claim (if you are making the application) or to the response (if the Respondent is making the application). 

You might want to amend your claim because you need to correct an administrative error, or because you want to amend the legal claims which you are making. If you do want to amend your claim, be aware that this will only be allowed in certain circumstances. 

Make sure you apply to amend your claim as soon as possible, as any delay could reduce your chances of the Judge agreeing to allow the amendment.

For a letter template to apply to the Employment Tribunal to amend your ET1 claim form or Particulars of Claim/Paper Apart, use our Application to Amend Claim template.

17. Application for strike out

Either you or the Respondent can make this application to the Employment Tribunal, asking that the Tribunal “strike out” the other side’s response/claim or part of it. 

A “strike out” is when the Tribunal dismisses either your claim or the Respondent’s response before it gets to a Final Hearing. 

Strike out can only be ordered in very limited circumstances, such as where the claim or response has no reasonable prospect of success, or where you or the Respondent has not complied with the Tribunal’s instructions.

The Judge may consider the application in writing or they may do this at a Preliminary Hearing. The party against which the application is made should have the chance to set out their objections before the Judge makes a decision. 

For a letter template to apply to the Employment Tribunal for a strike out of the Respondent's ET3 Response, or part of it, use our Application for Strike Out letter template.

18. Application for deposit order

Either you or the Respondent can make this application to the Employment Tribunal, asking that the Tribunal make an order for the other side to be required to pay a deposit so as to be allowed to advance certain arguments or allegations.

£1,000 is the maximum amount payable. It can only be ordered where the allegation or argument in question has little reasonable prospect of success.

The application for a deposit order can go hand-in-hand with an application for a strike out. For example, you might see an application for a strike out, with a deposit order in the alternative. 

For a letter template to apply to the Employment Tribunal for a deposit order in relation to the Respondent's ET3 Response, or part of it, use our Application for Deposit Order letter template.

19. Application for unless order

Either you or the Respondent can make this application to the Employment Tribunal, asking that the Tribunal make an order for the claim or response to be dismissed, or partially dismissed. 

An “unless order” can be made where a party fails to comply with a Case Management Order. It’s as simple as saying that unless the party complies, they won’t be able to progress - a bit like giving them one last chance.

The application for an unless order can go hand-in-hand with an application for a strike out. For example, you might see an application for a strike out, with an unless order in the alternative.

For a letter template to apply to the Employment Tribunal for an unless order, use our Application for Unless Order template. 

20. Application for hearing to take place in a different format

While there are default formats for each type of hearing, you or the Respondent can send a letter or email to the Tribunal to ask for the hearing to be held in a different format, for example a virtual/hybrid Employment Tribunal instead of having it be in-person. You may need to explain your reasoning for doing so, for example if you have a medical reason and need accommodations.

You will need to wait for the Tribunal to confirm whether or not the application for the hearing to be held in a different format will be granted. 

21. Application for extension of time

Either you or the Respondent can make this application to the Employment Tribunal, asking that the Tribunal give you more time to comply with a Case Management Order.

You might find that the Respondent makes an application for an extension, for example, where there is a high volume of relevant documentation that they need to review before drafting and submitting their ET3.

For a letter template to apply to the Employment Tribunal for an extension of time to comply with an order, use our Application for an Extension of Time to Comply with an Order letter template.

22. Application for Rule 21 judgment

Rule 21 of the Employment Tribunal Rules means that, if a Respondent does not present a valid response, then the Tribunal can either issue a judgment on the basis of the documents, or alternatively can fix a hearing. 

There is no requirement for the Claimant to make any kind of application to the Tribunal to request this, because it is something that the Tribunal should do of its own accord. However, given the backlogs being experienced by some Tribunals, it may be useful to phone the Tribunal to check the status of the response. If necessary, you can then write to the Tribunal to apply for a Rule 21 judgment.

Get help from our coaches with applying for a Rule 21 judgment.

23. Costs application letter

A letter that either you or the Respondent can send to the Tribunal to apply for costs.

“Costs” means the money/time you or your advisor has spent working on your case. An application for costs can allow you to recover things like legal fees or preparation time. 

Having said that, the making of costs orders in Employment Tribunals is the exception rather than the rule. Generally speaking, each party just pays for their own costs.

As noted below under ‘Costs warning letter’, you should ideally send a costs warning letter to the Respondent/their representative before you make an application to the Tribunal. 

An application for costs may be made at any stage up to 28 days after the date on which the final judgment was sent to the parties.

To apply to the Employment Tribunal for costs, use our Application for Costs Order letter template. 

24. Costs warning letter

A letter which you can send to the Respondent to warn them that you may apply for costs. (see ‘Costs application letter’ above). Equally, the Respondent can send a costs warning letter to you. 

The key reason for writing a costs warning letter before the costs application letter is that the Tribunal will be likely to look more favourably on your application if you have sent a warning to the Respondent in advance.

Be prepared for the possibility that the Respondent will send you a costs warning letter as a way of trying to intimidate you. Remember that it’s quite unusual for the Tribunal to award costs, and as long as you aren’t being lax or unreasonable in how you are running your case, it’s unlikely that the Employment Tribunal will agree to make a costs order against you.

Get help from our coaches to write to the Respondent to warn them that you may apply to the Employment Tribunal for costs.

25. Cast list

A cast list is literally a list of all of the main “actors” involved in the case, with their full names and job titles. 

The Tribunal may ask you to submit a cast list (usually they will ask you to agree it with the Respondent). The Tribunal will normally ask you to submit this just before the Final Hearing. 

However, even if the Tribunal don’t ask you to do this, it’s still useful to do. It will be helpful for the Judge, and anyone else helping you or advising you on your case. They will be able to see at a glance all of the key individuals involved in the events leading to you making your Employment Tribunal claim. 

26. Withdrawal letter

A letter that you write to the Tribunal if you want to withdraw your case, or part of your case. 

You may decide to withdraw your claim if, for example, you have taken advice which suggests that you would be unlikely to win your case, or if your employer has asked you to withdraw your claim, or part of it, as part of a settlement agreement. 

To quickly and effectively withdraw your claim, use our Withdrawal Letter template.

27. Request for specific disclosure

If you want to write to the Employment Tribunal to ask them to order the Respondent to send specific documents to you, you can apply to the Tribunal to ask them to order that the Respondent does so. Equally, the Respondent can also make an application for specific disclosure against you. 

Note that if there has been an order for disclosure, you should wait until after the disclosure stage before making a request for specific disclosure. You should also try asking the Respondent for the documents that you want them to send you, before you apply to the Tribunal.

To ask the Employment Tribunal for an order for specific disclosure, use our Request for Specific Disclosure Template. 

28. Application for witness order

Either you or the Respondent can make this application to the Employment Tribunal, asking that the Tribunal order a certain witness to attend a Tribunal hearing to give evidence.

The Tribunal can also make a witness order itself, asking someone to attend to give evidence.

To apply for a witness order, use our Application for Witness Order Letter Template. 

29. Request for further and better particulars

Either you or the Respondent can make this application to the Employment Tribunal, asking that the Tribunal order the other party to provide more details of their claim/response. This is useful if the ET3 response you get from your employer lacks details that you need.

If you’re drafting a request for further and better particulars, you should try to be as specific as possible about what further information you need, so that it is really clear what you are asking. 

To apply for an order for further and better particulars, use our Request for Further and Better Particulars Letter Template.

If, on the other hand, you’ve been asked to provide further and better particulars (i.e. further information) to the Respondent and/or the Tribunal, you may want to enlist some expert support from our coaches. 

30. Written submissions

Written submissions are the legal arguments that you will prepare for a Tribunal Final Hearing or Substantive Preliminary Hearing. These should refer to the law and the evidence in the case, and try to persuade the Tribunal why your case should succeed.

You and the Respondent will often be asked to produce these by the Tribunal, either instead of or in addition to oral submissions made at the end of the hearing. If you need support with your submissions, take a look at our coaching services.

31. Skeleton argument

A skeleton argument is an outline of the arguments that a party (either yourself or the Respondent) will make during the course of the hearing.

It can be useful to draft a skeleton argument to keep yourself on track. The Tribunal might ask both you and the Respondent to exchange copies of your skeleton arguments in advance of a hearing, and to provide copies to the Tribunal as well.

If you need assistance getting started with your skeleton argument, our coaches can help you. 

32. Evidence of mitigation of losses

In the Employment Tribunal, you have a duty to mitigate your loss. This means that you have a duty to reduce the losses you have experienced. For example if you have lost your job, you should conduct a search for a new job or get medical evidence to show why you have not done so. Otherwise, the Tribunal may reduce the amount of compensation it awards.

It’s useful to focus on gathering important evidence about how you have mitigated your loss - such as payslips and job applications. If you need help figuring out what to include, talk to our coaches. 

33. Application for reconsideration

Either you or the Respondent can make this application to the Employment Tribunal after it has made its decision, asking that the Tribunal reconsider. 

You must write to the tribunal office within 14 days of getting the decision, saying why you want it to be reconsidered.

To get help drafting a strong argument, get in touch with one of our coaches.

34. Appeal

You can appeal to the Employment Appeal Tribunal (EAT) if you think a legal mistake was made in an Employment Tribunal case.

For example, you could appeal if you thought the original Tribunal got the law wrong, or was unfairly biased towards the other party.

If you need assistance getting started with your appeal, talk to our coaches today. 

35. Settlement agreement

It’s common for people to decide to settle their employment claims, and this can happen at any stage - before they even write a grievance letter or ET1, during the course of the Tribunal proceedings, or even on the day of the Final Hearing.

If you’re settling a case, you will sign a contract called a settlement agreement, which will confirm that you are dropping the case in return for the terms agreed - usually your employer will agree to pay you some money. For a settlement agreement to be legally binding, you need to have had independent legal advice on it - your employer will normally offer you some money for this.

Our coaches can help you figure out how much you might be able to settle your claim for. 

36. COT3

If you settle your case through ACAS, rather than directly with the Respondent, then you will agree the terms of settlement in a document called the COT3. 

Our coaches can help you figure out how much you might be able to settle your claim for. 

37. Without prejudice letter/email

A without prejudice letter is a letter or email that either you or your employer can send to the other if you are trying to settle a dispute out of court. For example, you might want to write to your employer before you make your Tribunal claim to set out what has happened to you and to offer not to make a claim against them if they agree to settle the matter.

The phrase “without prejudice” means that you intend the letter to be “off the record” and that it shouldn’t be referred to in any subsequent Employment Tribunal litigation. Any letters or emails that are without prejudice should be labelled at the top (literally just by writing “without prejudice” in the subject line).

To help you easily create your without prejudice letter, use our Without Prejudice Letter template. 

Use Valla to progress your Employment Tribunal case

If you need help drafting any of these documents, or any other documents as part of your case, the Valla team can give you resources and templates.

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