Defending an Employment Tribunal Claim

When facing unfair and unwarranted employment tribunal claims, our team of employment tribunal solicitors have extensive experience of successfully defending you and your business. Whether you are facing unfair dismissal, discrimination, whistleblowing or TUPE non-consultation claims or indeed any other claim, we will robustly and strategically help you defend your business.

Employment Tribunal claims are time consuming and can be expensive. You need clear and honest advice. We will provide direction from the start so you understand the prospect of successfully defending the claim and to develop a robust defence strategy. At a base level, you will need to comply with the timetable set out for any claim by the Employment Tribunal, for example, when to respond to the claim, when to exchange documents and witness statements. However, the preparation of a good defence is more complex that this. Really understanding the background, investigating and uncovering appropriate documents and assessing the strength of your witnesses evidence, including the credibility of your witness, is all part of the service.

As with any dispute, tactics always come into play. Where you have a difficult or unreasonable opponent, you need to ensure you manage them well. Unchecked litigants in person (employees without a legal representative) can easily muddy the waters. This can extend the claim beyond what it should be and result in further wasted time and costs for you. We can help you manage these situations with suitable and appropriate applications to the Tribunal or through appropriate correspondence with your Claimant.

Our employment tribunal solicitors can:

  • Liaise with ACAS
  • Provide you with a strategic approach to your defence
  • Prepare a robust response (ET3)
  • Report to you (and/or your insurers if applicable) on your prospects of success
  • Work with you to collate evidence to support your defence
  • Prepare a list of documents and trial bundles
  • Interview your witnesses and prepare your witness statements
  • Represent your business at a Preliminary Hearing and the Final Hearing (trial)
  • Make applications to the Tribunal for evidence, witnesses, strike out and deposit orders
  • Advise on and negotiate a settlement, including preparing all documents.

Why choose Trethowans?

We are a leading Firm recognised in the Legal 500 2023 and Chambers and Partners 2023. The Employment Team is also ranked in for Employment Law in the South in the Chamber and Legal 500.

For expert legal advice don’t hesitate to contact our employment tribunal solicitors on 0800 2800 421.

Read our frequently asked questions

  • The employment tribunal operates in a similar way to a civil or county court. It is a place where an employee can seek redress for a wrong they believe has been committed by their employer or ex-employer.

  • All cases will follow a similar format. After the employee has completed ACAS early conciliation, it will start with the employee completing a form setting out their and filing it with the employment tribunal. After this, the employer will have an opportunity to file its defence in writing with the Tribunal. These two documents will be the base of the claim. After this, there will be a timetable set (directions), which both sides will need to comply with, including exchanging documents, preparing a bundle of documents, preparing and exchanging witness statements and attending the final hearing. There are other stages that may be included for example case management or pre-hearing reviews.

  • Yes. For most claims, it is 3 months’ from the date of the act the employee is complaining about.

  • Unlikely the county court system, there is presently no fee to pay in order to bring an employment tribunal claim.

  • You can apply for costs however, unlike the county court, the usual rule of ‘loser pays’ does not apply in the Employment Tribunal. As a result, there is little deterent for an employee to bring a spurious claim against their employer.

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