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Employment Tribunal Defence for Employers
Received a tribunal claim? We help you respond on time, build a strong defence and settle where it makes sense, with clear advice at every stage.
Employment tribunal defence
Don’t Face a Tribunal Claim Alone
A tribunal claim is stressful, time-consuming and, if it goes wrong, expensive. The decisions you make in the first few weeks can shape the whole case.
We help employers respond to claims quickly and properly. We review the claim, assess the risks, prepare your response and build your defence, while keeping the option of settlement open where it makes sense.
Whether it’s a claim for unfair dismissal, discrimination or unpaid wages, you’ll have clear advice at every stage, so you always know where you stand.
How we help
- Review the claim and assess your risks
- Prepare and submit your response (ET3)
- Build your defence, through to the hearing
Received a claim or heard from Acas? Speak to us as soon as possible.
Call 020 3773 0992Claims we defend
Tribunal Claims We Help Employers Defend
We support employers with the full range of employment tribunal claims. The most common are:
Unfair dismissal
Claims that a dismissal was unfair, either because of the reason or the way it was handled.
Constructive dismissal
Claims that an employee was forced to resign because of a serious breach of contract.
Discrimination
Claims under the Equality Act, such as age, sex, race or disability. Compensation is uncapped.
Whistleblowing
Claims that an employee was treated badly or dismissed for making a protected disclosure.
Wages and holiday pay
Claims for unlawful deductions from wages, unpaid holiday pay or the minimum wage.
Breach of contract
Claims for notice pay or other contractual payments when employment ends.
First steps
Received a Claim? Do This Now
What you do in the first few days can make a real difference to the outcome. Start with these six steps.
Note the deadline
You usually have 28 days from the date the claim was sent to respond. Put it in the diary straight away.
Keep every document
Save emails, messages, notes and records linked to the claim. Don’t delete or change anything.
Identify witnesses
Work out who was involved and what they saw, while memories are still fresh.
Be careful what you say
Don’t discuss the claim with the employee or wider team without advice. It could be used as evidence.
Check your insurance
Some business or legal expenses insurance policies cover tribunal claims. Check before costs build up.
Get advice early
The sooner we see the claim, the more options you have, including settling on good terms.
Don’t wait until the deadline is close. Send us the claim and we’ll tell you where you stand.
Call 020 3773 0992The process
How a Tribunal Claim Works
Most claims follow the same six stages. Knowing what comes next, and acting early, puts you in a much stronger position.
Acas early conciliation
The employee must usually contact Acas first. Acas then offers both sides the chance to settle before a claim is made.
We advise on your position and any offer.
Claim submitted (ET1)
If the dispute isn’t settled, the employee can submit a claim to the employment tribunal, which then sends it to you.
We review the claim and assess the risks.
Your response (ET3)
You usually have 28 days from the date the claim was sent to respond. Miss it and the tribunal may decide the case without you.
We prepare and submit your response.
Preliminary hearing
The tribunal confirms the issues in the claim and sets a timetable for the next steps.
We prepare your case and deal with the tribunal.
Bundle & witness statements
Both sides share relevant documents, agree the hearing bundle and exchange witness statements by the dates set.
We prepare the bundle and draft your witness statements.
Final hearing
Both sides give evidence and the tribunal makes its decision, including any compensation.
We support you and represent you at the hearing.
A claim can still be settled at any stage, often through Acas or a settlement agreement.
What’s at stake
Compensation and Costs
Understanding what a claim could cost helps you decide whether to defend it, settle it, or do both at once.
Key things to know:
- Unfair dismissal awards are made up of a basic award and a compensatory award for lost earnings
- From 1 January 2027, the cap on unfair dismissal compensation will be removed
- Discrimination compensation is uncapped, and can include an award for injury to feelings
- Awards can be increased by up to 25% if the Acas Code on disciplinaries and grievances wasn’t followed
- Each side usually pays its own legal costs, win or lose
Management time adds up. Beyond any award, defending a claim takes time from managers and witnesses, often over many months.
Defend or settle?
How strong is your evidence?
Clear records and a fair process put you in a much stronger position.
What will defending cost?
Weigh legal costs and management time against the likely award.
What’s the wider impact?
Think about reputation, the rest of the team and setting a precedent.
Our advice
We give you a clear view of your risks, so you can make the right decision for your business.
The clock starts when the claim is sent
You usually have just 28 days to respond. The sooner you speak to us, the more time we have to build your defence.
You may also need
Related Services
Support that can help you avoid claims, or resolve them early.
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Let’s Get Started: Contact Clearpath UK Today
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Book your free consultation today — we’re excited to help your business thrive.
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Frequently Asked Questions
What should I do if I receive a tribunal claim?
Note the deadline for your response, keep all relevant documents and speak to us as soon as possible. You usually have 28 days from the date the claim was sent to submit your response (ET3).
What happens if we miss the ET3 deadline?
The tribunal may decide the claim without hearing your side. If you need more time, you should ask the tribunal for an extension before the deadline passes, explaining why.
Can we still settle once a claim has started?
Yes. A claim can be settled at any stage, usually through Acas or with a settlement agreement. Many claims are settled before they reach a final hearing.
Will we have to pay the employee’s legal costs if we lose?
Usually not. In employment tribunals, each side normally pays its own costs, win or lose. The tribunal can order costs where a party has behaved unreasonably, but this is the exception.
How long does a tribunal claim take?
It depends on the case and the tribunal, but claims often take many months to reach a final hearing, and complex cases can take longer.