Defending a Tribunal Claim

Employment Tribunal Claims

Your role in the Tribunal process

With the number of Tribunal claims rising, the chances that you as an employer will need to defend a claim at some time increase 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.

What should I do then?

There is a strict time limit in which you need to reply 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 any further.

What is an ET3?

The ET3 is the 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 cases as soon as possible (If your evidence is not in the ‘Tribunal Bundle’ you will struggle to include in at the hearing).

If you are defending a Employment Tribunal Claim, you will be faced with many procedures and rules that can confuse and mystify – professional legal support from MHL 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.

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