Expert legal defence for employment tribunal claims

When an employee files a claim against you, the first formal step you’ll encounter is the receipt of the ET1 claim form. This form outlines the details of the employee’s claim and is issued by the Employment Tribunal. Once you receive this, you have just 28 days to submit your defence (referred to as the ET3 form).

Why this matters:

Failing to respond within the 28-day deadline could result in a default judgment against you, where the tribunal may decide in favour of the employee without even hearing your side of the story.

Our employment law team will help you:

• Draft and submit a detailed ET3 response, addressing every point raised in the claim.
• Identify any legal defences that could weaken the claimant’s position.
• Ensure compliance with all procedural requirements, avoiding any costly mistakes that could jeopardise your defence.

Once the claim has been formally acknowledged, the employee will need to outline the remedy they are seeking, such as compensation or reinstatement. At this point, employers often have the opportunity to submit a counter schedule. This document challenges the employee’s claims by providing your assessment of the situation, including what you believe the claim is worth (if anything).

Why this matters:

A well-prepared counter schedule can significantly reduce the potential financial exposure and strengthen your negotiating position. By challenging inflated or unreasonable compensation demands, you take control of the narrative and demonstrate to the tribunal that you are taking the matter seriously.

Our employment solicitors will:

• Prepare a strong counter schedule that accurately reflects the value of the claim, based on solid legal principles.
• Gather relevant financial evidence and employment records to support your position.
• Present your case in a way that is clear, concise, and compelling for the tribunal.

At any stage of the process, there may be an opportunity to settle the claim out of court. Settlement discussions typically take place on a ‘without prejudice’ basis, meaning that any discussions cannot be used against you later if the case proceeds to a full tribunal hearing. Settling can often be a cost-effective way to avoid the uncertainties of a tribunal, particularly if a reasonable agreement can be reached early on.

Why this matters:

Settling may allow you to resolve the dispute more quickly and discreetly, avoiding the stress and expense of a tribunal hearing. In many cases, an early settlement can protect your business from negative publicity and drawn-out legal battles.

The employment law experts at Anthony Gold Solicitors will:

• Advise you on the pros and cons of settlement, weighing up the likely costs of defending the claim versus the benefit of ending the dispute early.
• Negotiate on your behalf, ensuring that any settlement is in your best interest and reflects your business objectives.
• Ensure that any settlement agreements are legally binding and watertight, preventing future claims on the same issue.

If a settlement isn’t reached, the case will proceed to a tribunal hearing. At this point, thorough preparation becomes key. The tribunal will rely on evidence and witness testimony to make a final decision, so it’s crucial that your case is presented clearly and convincingly.

Why this matters:

Being fully prepared for the hearing can make the difference between winning or losing the case. This involves gathering all relevant documentation, preparing witnesses, and ensuring that your legal arguments are sound and well-supported by evidence.

Our expert solicitors will:

• Help you prepare a tribunal bundle – a collection of all relevant documents, including contracts, emails, policies, and other key evidence that will be used during the hearing.
• Draft a position statement that outlines your defence and presents your case clearly to the tribunal.
• Prepare witness statements and ensure your witnesses are ready to testify, holding case conferences and briefing them on what to expect during cross-examination.