Defending employment tribunal claims

Expert legal defence for employment tribunal claims

Facing an employment tribunal claim can be a serious concern for any employer. The potential financial costs, the risk to your reputation, and the time it takes to deal with these claims can disrupt your business. Whether it’s a claim for unfair dismissal, discrimination, or wage disputes, it’s crucial to act quickly and seek professional legal support.

Defending employment tribunal claims: Step-by-step process

Here are the four steps we will take to defending your business in an employment tribunal claim:

Step 1: Responding to the claim (ET1 Form)

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.

Step 2: Preparing a counter schedule

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.

Step 3: Settlement discussions

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.

Step 4: Tribunal hearing preparation

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.

Words from our clients

Highly recommend Aneil Balgobin for employment matters. I was facing a stressful legal matter and as soon as Aneil took on my case I felt like a weight had been lifted off of my shoulders. He managed the case so swiftly and expertly and kept me up to date at all times so I was never left in the dark. I can’t thank Aneil and the Anthony Gold team enough for their help.

Our Client

I’d definitely recommend Inbar Rabinovitz from Anthony Gold – she helped me with employment law. Inbar was patient, professional and explained everything to me in layman’s terms so I understood what everything meant. It was a very stressful time for me, and Inbar managed to put my mind at ease. I’m very thankful!

Our Client

The guidance I received from Aneil Balgobin of Anthony Gold was very clear and to the point. It allowed me to effectively assess my options and was priceless in helping me to address an employment issue in a timely and constructive manner. I am very grateful to Aneil for his very valuable contribution and I would highly recommend him. Thank you ever so much Aneil.

Our Client

Why time matters: Employment tribunal deadlines

Time is of the essence when defending an employment tribunal claim. Tribunal deadlines are strict, and failing to meet them can seriously harm your chances of defending against a claim. Most employment claims, such as unfair dismissal or discrimination, must be filed by the employee within three months of the incident. Once you, as the employer, receive the tribunal claim (ET1 form), you only have 28 days to respond.

If these deadlines are missed, you may lose the right to defend yourself, resulting in a default judgment in the employee’s favour. This could mean costly compensation payments or damaging reputational consequences for your business. Acting quickly and securing expert legal advice ensures that every deadline is met, and your defence is fully prepared from the outset.

At Anthony Gold, our employment solicitors are experienced in managing the tight timelines associated with tribunal claims. We will ensure that your response is submitted correctly and on time, giving you the best possible chance of success.

Contact us

If you’re facing an employment tribunal claim, time is of the essence. Our team is ready to help you protect your business and achieve the best possible outcome. Contact us today on 020 7940 4060 or email mail@anthonygold.co.uk for expert legal support.

Speak to a member of the Employment team

Legal defence for employment tribunal claims: FAQs

What are the most common claims made in an employment tribunal?

Employment tribunal claims can cover a broad range of disputes. Employers often face claims involving:

  • Contract breaches
  • Discrimination (e.g., disability, race, gender, religion, or sexual orientation)
  • Unfair dismissal
  • Unauthorised deductions from wages
  • Working time disagreements
  • Redundancy payments

 

What evidence should I provide for an employment tribunal?

The type of evidence you’ll need depends on the specific claim, but typically includes employment contracts, staff handbooks, grievance records, disciplinary procedures, and witness statements. Presenting the right evidence is key to mounting an effective defence.

What will it cost to defend an employment tribunal claim?

The costs of defending a tribunal claim vary depending on the circumstances of the case. Factors influencing cost include:

  • The number of claims being made
  • The complexity of the legal issues
  • How many witnesses are involved
  • The level of cooperation between the parties
  • The amount of documentation and case history

 

Who is responsible for legal fees in an employment tribunal claim?

In most tribunal cases, both parties are responsible for covering their own legal costs, regardless of who wins. This means that, in some situations, the cost of defending a claim may exceed the amount the claimant is seeking.

However, an Employment Tribunal may order one party to contribute to the other’s legal fees if it decides that the claim or defence has little chance of success, or if the tribunal finds that a party has acted unreasonably during the case.

Why should I choose Anthony Gold Solicitors to defend my business in an employment tribunal claim?

At Anthony Gold Solicitors, our Employment Law team has over 70 years of combined experience defending employers in employment tribunal claims. We understand the complexities of tribunal procedures and are dedicated to achieving the best possible outcomes for businesses. Our solicitors are accredited by the Solicitors Regulation Authority, and we are recognised by leading legal directories like Legal 500 and Chambers and Partners for our expertise.

We have a proven track record of successfully defending businesses in claims ranging from unfair dismissal to discrimination. By choosing Anthony Gold, you’ll benefit from our practical, strategic advice and unwavering commitment to protecting your business’s financial and reputational interests.