Employer’s checklist for tribunal claims
Employees can bring a claim in the employment tribunal for a number of reasons, including issues relating to pay, discrimination, and dismissal.
In order to be successful, it is essential to know how to respond to employment tribunal claims. Here’s a quick guide on what to bear in mind when faced with a claim.
When an employment problem arises, swift and practical legal advice is not a luxury, but a necessity. Having an experienced employment solicitor on hand to help with your defence and navigate the tribunal process is essential for the success of your case.
The employee should first go to the Advisory, Conciliation, and Arbitration Service (Acas). They have an ongoing duty throughout the claim process to help settle the claim where the parties agree to conciliate. Working with them in certain cases can avoid a costly outcome.
In most cases, an employee has three months minus one day to make a claim when something goes wrong. If you have used Acas, this time period is suspended during their involvement. If you haven’t made an agreement through Acas, the employee has one calendar month to go to the tribunal after that process concludes. Be sure to check that they have issued their claim in time.
As the employer, you have 28 days to respond to the employee’s claim. You can respond using the ET3 response form, either by post or online. This is essential, as missing this deadline could mean that a default judgement is made against you.
Prepare for the hearing by gathering relevant evidence such as employment contracts, policies, and notes from meetings. A thorough search should be undertaken. The tribunal will organise a timetable for you and the employee to exchange evidence, so be prepared in advance and stick to the timetable.
You can take witnesses to the tribunal to share relevant evidence. Consider the relevance of each individual to the case before deciding on who to call. Each witness will need to provide a statement. They will need to prepare thoroughly for the hearing as they will be required to answer questions from the other side and the judge.
Contact Tom to discuss this further.
