An Employer’s Preparation Guide for Employment Tribunal Claims

Facing an employment tribunal claim can be stressful for any business. Whether you operate a small team or a larger organisation, understanding what to expect and how to prepare can make a real difference, both in the outcomes and the cost to your business. At RDC Solicitors, we support employers through all aspects of employment law and tribunal preparation, so you can navigate disputes confidently and professionally.

What Is an Employment Tribunal Claim?

An employment tribunal is an independent judicial body that resolves workplace disputes between employees and employers under UK employment law. Common claims include unfair dismissal, discrimination, equal pay issues, and unlawful deductions from wages. Employees must typically participate in early conciliation through Acas before making a formal claim.

Recent reports show that tribunal claims are increasing significantly, creating considerable pressure on the tribunal system and underscoring the importance of thorough preparation for employers.

Step-by-Step Preparation for Employers

1. Act Quickly When You Receive Notice of a Claim

Once an employee has issued a claim, you will receive an ET1 claim form from the tribunal. It’s vital to acknowledge this promptly and start preparing your defence. At the same time, ensure you understand the nature of the allegations made against your business.

2. Comply With Acas Early Conciliation and Time Limits

Employees are unable to issue employment tribunal claim until they have first obtained the Early Conciliation Certificate from ACAS.  If either party has unreasonably not followed the ACAS code on discipline and grievance, the tribunal, may if it considers it just and equitable in all the circumstances to do so, increase or reduce any award it makes by up to 25%.

3. Compile and Organise Your Documentation

A strong defence often depends on the quality and completeness of your documentary evidence. This might include:

• Employment contracts
• Policies and procedures (e.g. disciplinary, grievance)
• Emails, meeting notes and correspondence
• Witness statements and internal investigation reports

Employers should prepare a bundle of documents in line with tribunal directions, properly indexed and clearly referenced for easy use at the hearing.

4. Prepare Your Response (ET3) Carefully

As the respondent, your formal response to the claim, which is called the ET3 form, must be completed accurately within the prescribed deadline (normally 28 days). Missing this deadline can result in an automatic ruling in favour of the claimant.

If you are unsure about how to frame your defence, or what facts to include, seeking expert employment law guidance will ensure your response complies with tribunal procedures and properly addresses the allegations.

5. Consider Witness Statements and Evidence

Organise witness statements from those with relevant insight into the events in question. These should be clear, concise, and linked to the documentary evidence you’ve collected.

6. Engage With the Tribunal’s Case Management Orders

Tribunals typically issue orders or “directions” that set out the timetable for exchanging documents, witness statements, and schedule of loss. It’s essential to comply with these orders and failure to do so can negatively impact your case.

7. Explore Settlement Options Where Appropriate

Settlement can be a useful option to limit cost, time and reputational risk. Acas early conciliation may still play a role here, and offers the possibility of resolving the dispute without the need for a full hearing.

Why Good Employment Practices Matter

Strong internal policies and clear, fair procedures aren’t just best practice, they can also reduce the likelihood of disputes arising in the first place. Regularly reviewing your employment contracts, grievance handling procedures, and disciplinary processes can help protect your business and build a productive workplace culture.

Expert Legal Support from RDC Solicitors

Employment tribunal claims can be daunting, but you don’t have to face them alone. At RDC Solicitors, we provide tailored legal advice and representation for employers, helping you understand your legal obligations, prepare a robust defence, and take informed steps throughout the tribunal process.

Our Dispute Resolution department conducts an initial 30-minute consultation at no cost for a preliminary discussion. To arrange an appointment, please don’t hesitate to get in touch with our friendly and experienced employment law team at RDC Solicitors.

Contact us today on Bingley: 01274 723858, Ilkley: 01943 601173 or Bradford: 01274 735511 for a confidential consultation with our employment law team.