Defending a Tribunal Claim

Employment Tribunal Claims

With the number of Tribunal claims rising, the chance that you as an employer will need to defend a claim at some time increases each year.

How will I know a claim has been made against me?

The person bringing the claim against you will complete a form ET1. They will send this to the Employment Tribunal who will then send a copy to you.

How should I respond?

There is a strict time limit in which you need to respond to a claim. Do not ignore the claim because you think that it is ridiculous or that the employee will lose interest and go away. A decision may be made against you without a hearing if you do not respond on time. In some cases, you may be prevented from taking part in the proceedings.

What is an ET3?

An ET3 is a form that must be completed and sent back to the Tribunal Office as your defence. It is essential that the proper and most up-to-date ET3 form is used. Keep your response short, but it is important that the relevant facts are included. You might want to make a request for further information at this stage. Be wary of hidden claims such as discrimination or equal pay issues that are not clear from the ET1.

What next?

Keep a track of important dates. Documents will have to be disclosed before a certain date, witness statements will have to be exchanged and case management discussions will need to take place. Tribunals take a dim view of anyone who misses a deadline.

What can I do to prepare before a tribunal?

Start pulling together documents that prove your case as soon as possible. If your evidence is not included in the 'Tribunal Bundle' it may not be used at the hearing.

If you are defending an Employment Tribunal Claim, you will be faced with many procedures and rules that can confuse and mystify. Professional legal support from Bibby Consulting & Support will make the process much easier for you.

The above is intended to provide information of general interest about employment law but does not give legal advice.