Don't have your case kicked out before it has started!

What happened when a claimant ticked the “disability discrimination” box but wrote nothing else? And why does it matter for you?

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.

Background — What Was This Case About?

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.

Why This Matters

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.

What the Judges Said

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.

What You Can Learn From This Case

As a claimant, you don’t need to write a novel in your ET1. But you do need to give:

• What happened
• when it happened
• who did it
• why do you say it is discrimination

A short timeline or bullet points is enough — as long as the employer can understand the claim.

5 Practical Takeaways for Claimants

• ✅ Always write some explanation on your ET1
• ✅ Explain why you say it’s wrong
• ✅ Include dates, events, and names where possible
• ⚠️ Don’t rely on the Tribunal to “figure it out later”
• 💡 If you're unsure, write a short story of what happened in your own words

Why This Case Helps You

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

Sources

• Scottish Ambulance Service Board v Chapman [2025] EAT 164
• Employment Tribunal Rules of Procedure 2013, Rule 12