How to respond to an employment tribunal claim

Author: David Jones

Summary

Click on any of the hyperlinks to go to more detailed guidance below.

• Give careful thought to the completion of the response, and ensure that the minimum required information is included on the ET3.
• Comply with the 28-day time limit for submitting the ET3 to the tribunal.
• Ask the claimant for additional information if necessary.
• Be aware of the circumstances in which the tribunal can reject the ET3 or dismiss the response after initial consideration.
• Check whether the claimant is eligible to bring the claim.
• Check that the financial information provided by the claimant is correct.
• Ensure that the grounds for resisting the claim focus on the claimant's allegations and address the issues in dispute.
• Ensure that there are no inconsistencies between the grounds for resisting the claim and other documentation.
• Keep in mind the relevant legal issues, and address these in the grounds for resisting the claim.
• Consider the possibility of pleading in the alternative.
• Be aware of the circumstances in which a respondent can bring a counterclaim.
• Ensure that the claimant is not victimised for bringing the claim.
• Consider the options for how to submit the ET3 to the tribunal.