HMCTS has issued new ET1 and ET3 forms, effective as of 3 August 2023. They are prescribed forms, so technically a claim (or response) submitted using an older version is arguably invalid.
New ET1 form
New ET3 form
The changes aren't major. Both forms have added 'other' as an alternative title to Mr, Mrs etc and removed 'fax' as a contact option (about time!). The tickboxes for consenting to video and phone hearings are now separated out (previously just one box) and an explanation is required on the ET1 if you don't consent.
There are also a couple of form specific changes. The ET1 now has 'prefer not to say' as an option for the Claimant's sex. And whistleblowing has been added as a type of claim: "I am making a whistleblowing claim including dismissal or any other unfair treatment after whistleblowing". The ET3 now also asks what type of company the employer is.
[Thanks to Connie Cliff from Gowling WLG for spotting this]
*I say ‘arguably’ because there is no statutory process for ‘prescribing’ a new form. HMCTS just issues it. It is unclear what the statutory basis for that is, and also unclear whether the older forms somehow become de-prescribed.
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