ET users beware: MyHMCTS portal now mandatory for ET3s

A new Practice Direction issued by the Presidents of the Employment Tribunals is now in force, making it mandatory for legal professionals representing Respondents to submit responses to claims through the MyHMCTS Portal.

On 21 May 2025, a new Practice Direction issued by the Presidents of the Employment Tribunals came into force, introducing significant procedural changes for legal representatives responding to Employment Tribunal claims. 

Although the MyHMCTS portal has been available for some time, and it has been mandatory to submit claims through it since May last year in certain circumstances, is it is now compulsory for legal representatives in England, Wales and Scotland to submit ET3s (the formal response to a Tribunal claim submitted by the Respondent) via the portal unless there are exceptional circumstances. The change is part of a broader effort to streamline and standardise Employment Tribunal processes through the platform however it may take some time for professionals and employers alike to adapt to this new way of working. 

What has changed?

As of 21 May 2025, where a Respondent is legally represented, ET3 forms must be submitted through the MyHMCTS portal. All claim forms should now be sent to the Respondent with a 16-digit reference number alongside the usual claim number which can be used to access the portal.

If technical difficulties are experienced with the portal, or if the Respondent is not legal represented, the ET3 should be submitted through the old online submission process (Introduction - Employment Tribunals - GOV.UK), by post to the Employment Tribunal Central Office (in Loughborough for claims in England & Wales or in Glasgow for claims in Scotland), or by hand to certain specified Employment Tribunal offices. This means that timing is critical – if you have the last minute panic that the 16-digit reference number is missing then you will need to use the old online process or even deliver the ET3 by post or by hand, neither of which is ideal. It is no longer possible to email an ET3 response to an individual Tribunal office.

However, the Practice Direction only applies to ET1s and ET3s, therefore other applications and documents can still be submitted via existing channels, including email. While submission via the portal is not mandatory for other documents, use of the portal is being encouraged wherever possible. In some circumstances, the Tribunal’s case management orders may also specify the method in which documents should be submitted. Legal representatives should make themselves familiar with the portal now as it may well become mandatory for other documents in the future.

It is important to note that currently, joint claims, which have more than one Claimant, are not yet on the portal however they are likely to be added as the system develops. In the meantime, ET3s in response to joint claims should be submitted through one of the other available options – via the old online process, by post to the Central Office or by hand to one of the specified Employment Tribunal offices.

A response that is not presented in the correct way will be rejected.

“Exceptional Circumstances”

In “exceptional circumstances”, where there is a fault with the portal, ET3s may be submitted to a new designated email address created by the Tribunal ([email protected] for claims in England & Wales and [email protected] for claims in Scotland). At this stage there is little to no guidance on what qualifies as exceptional circumstances, however the MyHMCTS team have advised that they would expect users who are experiencing issues to attempt to contact the relevant Tribunal for guidance on submission, and if the problem persists, they would expect the ET3 sent to the designated email address to be accompanied by screenshots of the relevant error messages. Parties should also consider using the old online submission process as referenced above.

Portal top tips

• check for reference numbers: check for the 16-digit reference number as soon as you receive the claim form so that you have time to try and resolve any issues with the Tribunal before the submission deadline
• register and test access early: ensure your organisation is registered and team members have access to the relevant cases well before any deadlines
• internal forwarding rules / case trackers: there is a function on the portal to share cases with other users but only the individual on record will receive email notifications of updates to the case. The MyHMCTS team have confirmed that there will be a future enhancement to extend notifications to anyone who has access to the case but there is no set date for this. In the meantime, if several team members are involved in a case, consider using a shared internal tracker to manage deadlines or set up internal email forwarding rules for portal notifications to avoid emails being missed where the individual on record is absent
• log technical issues immediately: if you encounter problems with the portal, document them with timestamps and screenshots. This will support any claim of “exceptional circumstances” and help justify alternative submission methods
• monitor updates from MyHMCTS: the portal is evolving, and new features and rules may be on the horizon