Employment Tribunals

Please note we only represent EMPLOYERS at Employment Tribunal AND at the Employment Appeals Tribunal.

We do NOT represent individuals seeking to bring a claim against their employer.

Due to call volumes we are unable to return calls or to provide information to individuals.

We have not registered with the Ministry of Justice and will not provide advice to individuals about their claim.

Individuals should visit their local Citizens Advice Bureau or a local solicitor for advice.

Useful websites:

As an employer, how will I know someone is bringing a claim?

Your organisation will be sent a letter from an Employment Tribunal and a copy of the claim (known as an ET1 form).

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The address and person to whom the claim will be sent will be based on the information the claimant provided to the Tribunal so don't assume it will go to the right address or be addressed to the most appropriate person - make sure managers would recognise a form and know what to do with it!

Click here to see what an ET1 (http://www.employmenttribunals.gov.uk/FormsGuidance/formsGuidance.htm) looks like!

Do you defend or settle?

It is important to avoid a default judgement against your company. You will need to complete and submit an ET3 within 28 days of the date shown on the letter from the Employment Tribunal telling you about the claim against you. Click here to see what an ET3 (http://www.employmenttribunals.gov.uk/FormsGuidance/formsGuidance.htm) looks like.

You are very strongly advised to seek legal or professional HR assistance in the completion of the ET3; the ET3 requires you to set out your grounds for resistance and represents a crucial part of your defence.

We can help you understand the implications of a claim or claims made against you as the employer.

We can provide an objective assessment of your case - if we think you're going to lose, we'll tell it as it is!

We will work with you to identify whether or not you should be defending or seeking to settle a claim at the start, [not part way or at the end of a tribunal process].

What do you need to do by when?

If you have received an ET1 talk to us TODAY not in 2 week's time - that may be too late! You will need to complete and submit an ET3 within 28 days of the date shown on the letter from the Employment Tribunal telling you about the claim against you. Click here to see what an ET3 (http://www.employmenttribunals.gov.uk/FormsGuidance/formsGuidance.htm) looks like.

It is likely that the Employment Tribunal will Order you to disclose all evidence that you have relevant to the case to the other party by a particular date; you are also likely to be asked to agree the contents of the Trial Bundle with the other party by a particular date - the trial bundle contains all the documentary (and any other evidence e.g. CCTV) on which you, and/or the other party, will rely in Tribunal. It is also likely that the Employment Tribunal will Order you to exchange witness statements with the other party by a particular date.

There are important decisions to be made with respect to (1) the items of evidence on which you want to rely; (2) the witnesses you wish to attend Employment Tribunal on your behalf and therefore the witness statements to be gathered and exchanged.

Failure to comply with an Order of the Employment Tribunal can result you being disbarred from defending the claim. It is therefore vital that you do the right things, in the right order, in the right way on or before the date you have been ordered to do it by!

REMEMBER a witness statement CANNOT be taken into consideration at Employment Tribunal UNLESS the witness will be in attendance, and presents their statement under oath, at Tribunal.

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Time scales and process are critical to the tribunal process, a failure to understand how much work is needed just to draft grounds for resistance can jeopardise you chance of even having the chance to defend a claim! You have just 28 days from the date of the letter notifying you of the ET1 not 28 days from the day you open the envelope!

We can help you understand the PROCESS, TIME SCALES and DEADLINES critical to the defence of an employment tribunal claim.

How do I defend a claim?

We can assist you in drafting grounds for resistance and submitting your RESPONSE to an ET1.

We can assist you in gathering and documenting witness statements and making sure these are disclosed to the Tribunal and to the Claimant, or their representative, on time.

We can assist you in collating, organising and submitting documentary evidence to support your grounds for resistance to an employment tribunal and making sure these are disclosed to the Tribunal and to the Claimant, or their representative, on time.

We will review witness statements received from the complainant and review with you whether or not it continues to be the case that it is in your best interests to continue to defend a claim.

We will review documentary and other evidence disclosed by the complainant and review with you whether or not it continues to be the case that it is in your best interests to continue to defend a claim.

We will work with you to identify who is best placed to represent you at Tribunal - that may be a member of our Senior Human Resources Team, a solicitor or Barrister; it is all about case complexity and risk.

Getting a claim, or part of a claim struck out.

We will help you to identify procedural non compliance by the complainant and where appropriate seek for a claim to be struck out.

We will help you to identify claims that cannot be brought and where appropriate seek for a claim, or part of a claim to be struck out.

Need help or more information?
Contact us on 0845 680 3862