Tribunal defence

Defending employment tribunal claims, from the response through to the hearing.

How we can help

  • Assessing the claim honestly, including whether defending is the right call
  • Preparing the ET3 response within the deadline
  • Handling ACAS conciliation and any settlement negotiation
  • Preparing witness statements, bundles and disclosure
  • Representing you at preliminary and final hearings
  • Advising on the commercial as well as the legal position
Your solicitor
John Graham
John GrahamDirector

What happens next

  1. Send us the ET1, the personnel file and the relevant correspondence immediately.
  2. We assess the claim and give you a view on prospects, likely exposure and cost.
  3. We prepare and file the response, then run the defence.

Fees for this work

Charged on a stage basis so you can see the cost of each phase before committing to it. Some employers have legal expenses cover through their commercial insurance — worth checking.

Common questions

How long do we have to respond?

A short fixed period from when the claim was sent to you. Missing it can result in judgment being entered without a hearing, so the ET1 should come to us the day it arrives.

Should we just settle?

Sometimes. Defending a weak claim to trial can cost more than settling a strong one, and tribunal costs orders are rare, meaning you usually cannot recover your fees even when you win. That commercial reality has to inform the decision.

Will it become public?

Employment tribunal judgments are published online and are searchable. Settlement, by contrast, is normally confidential. For some employers that alone is decisive.

What if the employee has no legal representation?

It does not make the claim weaker, and tribunals make allowances for litigants in person. It sometimes makes settlement harder, because expectations are less well calibrated.

Tell us what's happened

Confidential, reviewed by a solicitor, answered within one working day.

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