If you have not completed your ACAS Early Conciliation process then please visit Dispute resolution | Acas
Completing your Employment Tribunal claim form (ET1)
Here is the link to the claim form. Make a claim to an employment tribunal: Make a claim – GOV.UK (www.gov.uk) Scroll down to the green box that says “Claim on line” and click it.
You can go in and out of it as often as you like but ensure you make a note of the reference number that flashes up as you start the form, as this reference number enables you to log back in to the on line form and continue it.
At section 2.3 you will be asked to insert your ACAS conciliation number. This is the last number ACAS sent you i.e. it is on the conciliation certificate and begins with “R”.
In 2.4 they ask you to give your workplace address as in where you worked day to day NOT the Head office address which you have already inserted.
At 2.6 you will be asked to give the ACAS early conciliation number again.
Section 3 “Multiple cases” do not worry about filling this in unless you are in week to week contact with colleagues and you know they are taking their case to Tribunal.
Section 4 – ignore that box.
The next sections should be straightforward until section 8.
Section 8. Under section 8.1 tick the box for unfair/constructive dismissal.
You can also tick the box on religion or belief if you objected to the vaccine on the basis that aborted foetuses were acknowledged as being part of the ingredients or if you believe that your RNA/DNA cannot be interfered with by anything alien to the blood already handed down to you by your genetic bloodline.
You can tick the disability discrimination box as well on two grounds and you can speak about both grounds if both apply to you.
Ground a) – You brought to the attention of your manager that you had fears about the vaccine’s effect on you because of your personal fears about the effect it would have on your body and you can include the family history of uncles, aunts, siblings, parents etc, in that description, e.g. blood clotting, strokes, damage to relatives from them having the flu jab.
b) – You submitted a certificate of clinical exemption which met the requirements of the law following the July 22nd regulations which is true of our Union exemption certificate.
If you argue ground a) you need to set out the date or dates you raised your concerns, chronologically and say how you raised them and to whom; e.g. “I spoke to my manager Pam Smith at the consultation meeting on 4.9.21 about my medical condition and my real concerns about taking the vaccine. I again repeated my concerns when my union represented me at a further consultation meeting on 2.10.21”.
If you sent e mails setting out your concerns, that is even better, quote from them and keep the e mails in your file. Look at the notes you kept of the meetings and cite those as evidence of you having declared your objection on disability grounds; look at any notes that your employer sent through to you which captured this point and any notes from your union rep that captured it.
In cases where you took out a grievance you can quote the union standard letter on the discrimination and state the date you submitted your letter to the manager and say which manager.
Most of you will not have done anything under ground a) but the majority of you did submit our exemption certificate so you can claim disability discrimination on the basis of their response to our exemption certificate and their lack of response to our grievance letter and in many cases to our dismissal appeal letter.
You may add under this section any claim you are raising about underpayment of wages, severance, unpaid leave entitlement etc. You can add in here any payments you were not paid as a result of your employer excluding you from the workplace after 10th November, when before this date the CQC said that you could have been kept on until 23rd December.
Leave blank the box which says “I am making another type of claim”.
Move on to section 8.2 and insert the following narrative by cutting and pasting it in. You can paste in what excess words there may be by using the blank form at the end of the form if it is necessary.
Say the following:
In x month my manager told us that we all had to take the vaccine. I was not spoken to one to one to consult me on what this would mean for me. No one tried to sign me up to a new contract which would include taking a medical procedure, so I was within my rights not to agree to a medical procedure as part of my contract of employment. Under the 1999 Management of Health and safety at Work Regulations my employer was bound to carry out a personal risk assessment. They did not and they subsequently refused to, when challenged legally. I was continually pressurised to reveal my medical status which is a breach of GDPR requirements as well as the Human Rights Act and it was not a term of contract. I was given information to look up through government prescribed web sites and other material, all of which were telling me that the vaccine was effective and safe. There was no balance of information particularly that the vaccines were under emergency use authorisation only, (there was no medical emergency at the time) that they were experimental and would not be reviewed until 2023 nor that they had not been subjected to any process previously required before vaccines could be used on humans. There was no information about the yellow card reporting system. I had no basis to have given informed consent and I was coerced to take the jabs under threat of dismissal by 10th November.
I was told that not having the vaccine would make me a danger to residents and staff when there was no evidence to support any such statements. This was upsetting to my mental health and was further coercion. I was told that my employer had no responsibility for any of what was happening but that the CQC told them what they must do and that included the requirement to harass me about my vaccination status, week in and week out.
I sent a grievance letter to XX (name the person) on x date expressing my feelings about my treatment. The hearing was on xx date but my employer did not uphold any aspect of my grievance but nor did they attempt to argue that they had a legal defence to ignore the laws which they were breaking, as set out in my letter. Their response made clear that they were following CQC or government advice in every respect, even though my union told them it was advice not law and that the 22nd July regulations were secondary legislation which the 1984 Public Health (Control of Disease) Act forbade at section 45E. Instead they fettered their discretion and the grievance procedure was faulty as the “Responsible manager” was described as the person with power to make the decision about my grievance, but said manager said that they had no ability to change anything that was happening and that following my hearing all they could do was to seek advice from senior management about what response to make. Their written response said that they and the company had no discretion whatsoever, in the matter. This is not true as the CQC offered advice, so decisions were for the company to make.”
At this point what you insert next, depends on your individual set of circumstances.
Paragraph 1 below should be inserted if you expressed religious/philosophical beliefs when the vaccine was presented to you as a requirement of your employment contract.
- “in my meeting with X on xx date or in YY month I expressed my religious objection to taking the vaccine because they were admitted to have been made using aborted foetuses. And/or (But only if you said it at the time) “I was not prepared on religious grounds to have my inherited blood altered by an RNA Vaccine as this conflicts with my beliefs about the integrity of my blood line and my genetic make up”.
Paragraph 2 is for those of you who you who expressed your personal disability concerns when the vaccine was discussed with you or merely notified to you.
- “On x day of Y month at a one to one/during a team meeting/when I asked to speak to her I told my manager June Smith that the vaccine would be a danger to my health because of my medical condition. I told her what my medical condition was OR I did not disclose my medical condition because I was aware of the data protection regulations. No risk assessment to explore my position was offered. Go on to say one or two more dates that you raised your concern again and with who. OR it may be true in your case to say that “she told me I had to get a doctor’s letter. OR she told me I had to see occupational health”. Only speak about those things if your manager or her manager actually asked you to follow either route. If you were asked to follow either or both routes say what happened.
Paragraph 3 is for those of you who submitted clinical exemption certificates through the union.
- On xx date I e mailed/hand presented a clinical exemption certificate in accordance with the law. It contained a sworn statement of truth about mu clinical exemption, which was declared under penalty. My employer had no legal basis to reject this document but they did. I submitted a grievance about this on XX date. My grievance was head on XX date but it was not upheld. My employer was asked to specify the legal fault that my exemption presented. They were not able to but instead said that it did not meet government advice so they had no discretion to follow it. Again this was untrue. As a result I was dismissed by 10th November despite meeting the legal requirement of the July 2021 regulations. The CQC issued advice at the start of the week commencing 8th November that the union exemption could be accepted by Care homes after all. For some reason they also said that its acceptability would cease on the arbitrary date of 23d December 2021. Medical conditions cannot cease on that date.
Section 10. You leave unticked.
Section 11 insert the generic details for the Workers of England HQ as which representative is available for the case going forward may change.
Section 12 Do you have a disability.
This is about whether you have impediments in going through the Tribunal process, so tick no, but put in the box “No disability in relation to taking part in the Tribunal process”.
Section 15. This is a blank page which allows you to paste in more of what I have set out above if it did not fit into the character limited first narrative box.
Say in this box, the date they informed you of your dismissal and the dismissal date.
Then say the date you sent your dismissal appeal letter.
Then say the date it was heard and the date thy wrote to you to reject your appeal against dismissal.
If they failed to respond at any stage say so and if you e mailed to cahse them for a response put that date in and who you cahaed and if you did another chase list this too.
If you did not submit an appeal against dismissal say one of two things:
I had no trust and confidence in my employer and it was clear throughout that they were saying that they admitted to having no discretion in dealing with my case, so there was no procedural point in appealing.
I was so upset and distraught at losing my job in the run up to Christmas that I missed the deadline for appealing