Defending an Employment Tribunal Claim: A Brief Guide
If you're facing an employment tribunal claim then understanding the various steps that you’ll need to take can help maximise your prospects of successfully defending the claim.
Initial Steps
Act promptly: You have 28 days from receiving the claim form to respond. This is a strict deadline - so don’t miss it.
Critically evaluate the claim: As far as you can, try and view the claim objectively. Did anything go wrong. What is the Claimant seeking? What are the strengths and weaknesses of the claim and your planned defence?
Seek expert advice: In all but the most simple of claims, expert advice from an Employment Lawyer can often help alleviate stress and lead to more positive outcomes.
Gather documents and keep them safe: Collect any documentation and information that may be relevant to the Employment Tribunal claim (regardless of whether the located documents support or weaken your defence - you’re not allowed to cherry pick).
responding to the employment tribunal claim
Use the prescribed ET3 form: Complete this standard form within 28 days, addressing each claim in the employee's grounds of claim.
Post-Response Process
Review the claim: Identify the legal and factual issues to be determined and identify potential witnesses.
Consider making applications: Decide if further information relating to the claim is needed or whether the circumstances justify making an application for a strike out and/or a deposit order.
Settlement Negotiations: Consider exploring the possibility of entering into commercial settlement discussions (early settlements can help avoid negative publicity and limit exposure to legal costs)
Key Stages in an Employment Tribunal Claim
Preliminary Hearings: Preliminary Hearings are mostly used to determines administrative and case management issues,.
Disclosure: This describes the process of both parties needing to provide relevant documents to teach other prior to the preparation of witness statements.
Hearing Bundle: This is a joint bundle make up of both the employer and employee’s documents.
Witness Statements: Anyone attending the Employment Tribunal hearing will need to have a detailed witness statement prepared for them detailing their own version of key events.
Preparing for the Final Hearing
Review your witness statements, instruct a barrister, prepare necessary documents, and ensure your witnesses are aware of the hearing date and that they are ready to attend (late requests to the Employment Tribunal seeking a postponement will not usually be granted).
Proactive Approach
Seek expert employment law advice as early as possible, ideally before the defence is filed. A well drafted defence is often critical in terms of enabling employers to successfully defend claims.
Early action can help you avoid having your case listed publicly on the employment tribunal claims register.