England and Wales · Employment Tribunal
When must the Employment Tribunal receive an ET3 response?
The Tribunal must ordinarily receive the ET3 response within 28 days after it sent the claim form. Exclude the sending day and carry a non-working final day to the next working day. Check the Tribunal’s directions.
- Period
- 28 calendar days, subject to procedural next-working-day carry and directions
- Trigger
- Date the Tribunal sent the claim form
- Rule
- Employment Tribunal Procedure Rules 2024, rule 17
Official consolidated provisions and original commencement regulations reviewed. The operative event selects the statutory transition.
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Which established event starts this ET3 response period?
The Tribunal must ordinarily receive the ET3 response within 28 days after it sent the claim form. Exclude the sending day and carry a non-working final day to the next working day. Check the Tribunal’s directions.
Responsible actor. The respondent presenting the prescribed response form.
Use the Tribunal sending date, normally shown by its endorsement or covering letter. Check any direction under rule 16(2) or (3) before using the ordinary 28-day period.
No. The claim-presentation amendments do not replace the ordinary rule 17 response period. A case-specific Tribunal direction may still change it.
Use the Tribunal sending date, normally shown by its endorsement or covering letter. Check any direction under rule 16(2) or (3) before using the ordinary 28-day period. This calculator supports established operative events in 2026 and 2027. It does not decide disputed events, eligibility, continuing conduct, a qualifying series, extension applications or case-specific directions.
Employment Tribunal Procedure Rules 2024, rule 17How do I count the ordinary 28-day response period?
- Use the Tribunal sending date, normally shown by its endorsement or covering letter. Check any direction under rule 16(2) or (3) before using the ordinary 28-day period.
- Exclude the Tribunal sending day, count 28 consecutive days, then apply rule 5(2) to a non-working endpoint.
- Rule 5(2), (8) carries Saturday, Sunday, Christmas Day, Good Friday and England/Wales bank-holiday endpoints to the next working day.
- Ensure the prescribed form reaches the Tribunal through a permitted presentation method by the applicable final day. Preserve submission and receipt evidence. A saved draft or contact with ACAS is not presentation.
Exclude the Tribunal sending day, count 28 consecutive days, then apply rule 5(2) to a non-working endpoint.
Rule 5(2), (8) carries Saturday, Sunday, Christmas Day, Good Friday and England/Wales bank-holiday endpoints to the next working day.
Employment Tribunal Procedure Rules 2024, rule 5What do independent deadline examples show?
Fictitious example
The Tribunal sent the claim on October 1, 2026, without a changed direction.
| Step | What is counted | Date |
|---|---|---|
| Ordinary established event | Count October 2 as day one. The twenty-eighth day is October 29, matching the example in rule 5(3). | Thursday, October 29, 2026 |
| Weekend or holiday final day | Day 28 is the May 4 bank holiday. Rule 5(2) carries the endpoint to Tuesday May 5, 2026. | Tuesday, May 5, 2026 |
| Established material condition | Day 28 is January 2, 2027, a Saturday. The next working day is Monday January 4, 2027. | Monday, January 4, 2027 |
Fictitious established facts. These examples do not establish eligibility, the operative event, continuing conduct, a qualifying series, granted relief, valid ACAS receipt or completed presentation.
Try these dates in the calculatorWhich conditions change this response?
- Is the ET3 period measured from my receipt of the claim?
- Rule 17(1) ordinarily uses the date the Tribunal sent its copy. Rule 5(6) sets the evidence for that sending date, unless the contrary is proved.
- Which current rule supplies 28 days?
- Rule 17(1) supplies the ordinary response period. Rule 16 deals with sending the claim and directions. Schedule 1 concerns national-security proceedings.
- What happens on a weekend or bank holiday?
- Rule 5(2) carries this procedural endpoint to the next working day. Rule 5(8) defines working days. Do not apply that procedural carry to statutory ET1 limitation.
- Prescribed procedure
- This calculator uses the ordinary response period without a changed direction; reviewed response holiday endpoints are in 2026–2027.
- Use the Tribunal sending date, normally shown by its endorsement or covering letter. Check any direction under rule 16(2) or (3) before using the ordinary 28-day period. This calculator supports established operative events in 2026 and 2027. It does not decide disputed events, eligibility, continuing conduct, a qualifying series, extension applications or case-specific directions.
- This calculator uses the ordinary response period without a changed direction; reviewed response holiday endpoints are in 2026–2027.
What must I file and verify?
Questions about when must the employment tribunal receive an et3 response
When must the Employment Tribunal receive an ET3 response?
Is the ET3 period measured from my receipt of the claim?
Rule 17(1) ordinarily uses the date the Tribunal sent its copy. Rule 5(6) sets the evidence for that sending date, unless the contrary is proved.
Employment Tribunal Procedure Rules 2024, rule 17Which current rule supplies 28 days?
Rule 17(1) supplies the ordinary response period. Rule 16 deals with sending the claim and directions. Schedule 1 concerns national-security proceedings.
Employment Tribunal Procedure Rules 2024, rule 17What happens on a weekend or bank holiday?
Rule 5(2) carries this procedural endpoint to the next working day. Rule 5(8) defines working days. Do not apply that procedural carry to statutory ET1 limitation.
Employment Tribunal Procedure Rules 2024, rule 17Can I request more time for my response?
Rule 21 permits a written extension application with reasons and the specified draft response or explanation. An application does not itself establish a new date.
Employment Tribunal Procedure Rules 2024, rules 19–22Does a late response automatically produce default judgment?
Rule 19 addresses rejection and pending extension applications. Rule 22 requires a judgment only to the extent a determination can properly be made on the available material.
Employment Tribunal Procedure Rules 2024, rules 19–22Did the October 2026 six-month change extend ET3?
No. The claim-presentation amendments do not replace the ordinary rule 17 response period. A case-specific Tribunal direction may still change it.
Employment Tribunal Procedure Rules 2024, rule 17Official sources and review
Provisions used (3)
| Provision | Purpose |
|---|---|
| Employment Tribunal Procedure Rules 2024, rule 17 | Establish the identified act, trigger, conditions, presentation boundary and applicable edition |
| Employment Tribunal Procedure Rules 2024, rule 5 | Review the applicable counting and extension provisions for this claim or response |
| Employment Tribunal Procedure Rules 2024, rules 19–22 | Establish the identified act, trigger, conditions, presentation boundary and applicable edition |