Defending an employment tribunal claim as an employer

Our employment solicitors act for employers nationwide, defending claims ranging from unfair dismissal and discrimination to wages, redundancy, and whistleblowing disputes. We guide employers through every stage of the process, helping to reduce risk, contain costs, and safeguard workplace relationships.

In 2024/25, employment tribunals saw a sharp rise in activity, with single and multiple claims both up by around 23% on the previous year. The backlog also grew, leaving more than 490,000 cases still open at the end of March 2025 — most involving unfair dismissal, breach of contract, or disability discrimination.

If your business has received an employment tribunal claim, our solicitors can assess the claim, prepare your defence, and represent you throughout proceedings.

Understanding the tribunal process

An employment tribunal hears disputes between employers and employees about workplace rights. Employees first have to contact ACAS, and then they can submit an ET1 claim form setting out their case.

The employer then has 28 days to respond with an ET3 form, setting out their defence. Missing this deadline can have serious consequences, so legal advice at the outset is vital.  It is also important to set out your defence clearly, accurately, and demonstrate how you have followed employment laws.

Once the claim and response are accepted, the tribunal sets directions for disclosure, witness statements, and hearings. Some cases settle early, while others proceed to a full hearing before an employment judge.

Common claims employers face

We defend employers in claims involving:

• Unfair or constructive dismissal.
• Discrimination under the Equality Act 2010.
• Redundancy and consultation disputes.
• Breach of contract or unlawful deduction from wages.
• Whistleblowing or detriment claims.

Each case requires careful analysis of evidence, procedure, and witness credibility — all of which can be decisive in the tribunal’s final judgment.

How we help employers prepare their defence

Our solicitors work with directors, HR teams, and business owners to build a clear, evidence-based defence.  We are able to:

• Review the ET1 and advise on the merits of the claim.
• Prepare and submit a robust ET3 response within the deadline.
• Gather documentary evidence and draft witness statements.
• Manage disclosure and procedural compliance.
• Represent you at preliminary and final hearings.
• Explore early settlement where commercially appropriate or desired.

Early legal advice often makes the biggest difference, allowing you to take control of the process rather than reacting under pressure.

Avoiding future claims

Defending a claim also provides an opportunity to strengthen internal policies and procedures. We help employers identify potential weak spots — from disciplinary and grievance processes to contracts and handbooks — to reduce the risk of further disputes.

Our employment team also advises on preventative measures, including manager training, document reviews, and settlement agreements to resolve disputes before they escalate.

FAQs about defending tribunal claims

Below, our employment solicitors answer some of the most common questions employers ask when facing a tribunal claim.

1. How long does an employment tribunal case take?
   
   Timetables vary, but most cases take between 9 and 15 months from the date the claim is issued to a final hearing.
    
2. Can we settle before the hearing?
   
   Yes. Many cases settle early through Acas or directly between the parties. We advise on settlement strategy and draft legally binding agreements.
    
3. Will I need to attend the hearing?
   
   Usually, yes, especially if you are a key witness. We provide full preparation and representation to ensure you are ready for the tribunal process.
    
4. What costs can be recovered?
   
   In most cases, each party pays their own costs. The tribunal may award costs, however, if a claim is unreasonable, vexatious, or has no merit.
    
5. What happens if we miss the ET3 deadline?
   
   If the response is not filed in time, you could lose the right to defend the claim. We act quickly to make applications for extensions where possible.

Expert guidance from our employment solicitors

Defending a tribunal claim is not just about the hearing itself — it’s about protecting your business, reputation, and team morale. Our employment solicitors provide practical advice, strategic defence, and confident representation throughout the process.

Matthew Irvine, head of employment, says:

“The response to a tribunal claim sets the tone for the entire defence. Getting the facts straight early, including the timeline and the evidence, often shifts the direction of the whole case. A focused and robust start usually saves time, cost, and unnecessary stress later on.”

Our team acts for employers across the UK, from small businesses to national companies, providing trusted advice on all aspects of employment law. We work closely with HR professionals and senior management to deliver practical, results-driven solutions.

Get in touch to speak with our employment solicitors.