Unfair dismissal for ill-health capability: Employment Tribunal ET1/ET3 drafting checklist—jurisdiction, intermittent/long-term absence, medical evidence, procedure, appeals and remedies (England, Wales and Scotland)
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This checklist highlights the key points to weigh up when preparing an ET1 claim or an ET3 reply. It addresses jurisdictional matters, such as the claimant’s right to pursue unfair dismissal and whether the claim was filed within time. It considers the reason for dismissal and ill-health capability, including sporadic absences, long-term absence and diminished performance. It also assesses the substantive and procedural fairness of the dismissal. Finally, it identifies remedy issues to think about, eg reinstatement, re-engagement and compensation.
Both parties
- Was the Claimant an employee? See Practice Notes: Entitlement to claim unfair dismissal-Eligibility and Employee status
- Does the Claimant have the necessary qualifying service? See Practice Note: Qualifying period for unfair dismissal
- Has the Claimant met the early conciliation requirement, or does an exemption apply? See Practice Note: The early conciliation requirement
- Was the claim submitted within three months, or within the extended period where early conciliation applies? See Practice Notes: Unfair dismissal time limit and The early conciliation requirement-Extension to time limits (the 'stop the clock' provisions)
- Is the employment contract potentially void for illegality? See Practice Note: Entitlement to...
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Web page updated on 27/05/2026
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