
Monday, November 10, 2025
NOTE: Whilst this case was decided under the 2013 Rules of procedure. the same rule is contained within the current procedure Rules: Employment Tribunal Procedure Rules 2024, although it is now rule 13.
In The Scottish Ambulance Service Board v Chapman [2025] EAT 164, the claimant started an Employment Tribunal claim for disability discrimination.
But there was a problem.
They ticked the disability box on the ET1 claim form…they left the space where you're meant to explain what happened (Box 8.2) —completely blank.
The Tribunal accepted the claim and set directions.
The employer appealed.
The Employment Appeal Tribunal (EAT) agreed with the employer.
Why?
Because the Tribunal should not accept a claims if there are no details at all about what happened.
Most people bringing a claim are stressed, rushed, or unfamiliar with the form. It’s easy to think“I’ll tick the box now and explain later.”
This case shows that can go wrong.
When a claim gives no information, the Tribunal must pause and ask:
“Can the respondent sensibly respond to this?”
If the answer is no, the Tribunal has to send the claim to a judge before it goes any further.
Here are important lines from the judgment — in plain English afterward:
“Where the Tribunal receives a claim which may not be in a form which can sensibly be responded to, the staff shall refer the claim to an Employment Judge.”
This means: if your claim has no information, the Tribunal must ask a judge whether it can continue.
“The Tribunal could not rely on later directions to cure an initial jurisdictional defect.”
Meaning: They can’t fix a broken claim later by giving deadlines or asking questions. It has to start properly.
“A wholesale absence of particulars is materially different from a mere lack of detail.”
Meaning: Short and simple is fine. Completely blank is not.
As a claimant, you don’t need to write a novel in your ET1. But you do need to give:
A short timeline or bullet points is enough — as long as the employer can understand the claim.
This case protects you by making sure:
Your claim starts properly
The other side must know what they are answering
The Tribunal doesn’t move ahead before checking fairness
It means the Tribunal must look after the process, not just rubber-stamp forms
Click the button below to view the resources relevant to the stage your claim is at, and what is ahead of you!
Try to settle the dispute without starting a claim.
Not able to resolve your issue? Then set out your complaint by completing the ET1 and respond with an ET3
Once the claim has started get the roadmap for your case at a Case Management Hearing ("CMH").
The CMH may identify specific issues to resolve before a Final Hearing, like strike-out or employment status.
You will be ordered to exchange all relevant documents with the other side.
You will need to write a detailed account of your evidence before the Final Hearing and possibly any Preliminary Hearing, and send it to the other side.
This is when your case is decided by the tribunal.
If you win, this stage decides compensation or reinstatement
You may be able to challenge the outcome — but only on limited grounds.
Click here for my free tribunal guide.


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