Employment tribunal rules: What you need to know

If you have received an employment tribunal claim from a current or former employee, there's a process to follow.

What should I do after receiving an ET1 form?

You must respond using an ET3 Response Form within 28 days of receiving the claim. The specific deadline will be indicated in the tribunal's letter. We can assist you if you need help preparing your response or applying for an extension.

Can I dismiss a claim without merit?

Even if you believe the claim has no merit, you are still required to complete the ET3 Response Form. Additionally, you can submit an application to request a Pre-Hearing Review. During this review, the tribunal will assess the claim’s prospects of success. If the claim lacks reasonable prospects, it may be struck out. Alternatively, the tribunal may order the claimant to pay a deposit to proceed. We can represent you at this hearing if needed.

What if the claim lacks sufficient detail?

If the claimant’s submission is unclear, you have the right to request further information. You can send a formal letter with specific questions to clarify the issues. Our team can assist in drafting and sending this request.

What is ACAS and how can they help?

ACAS (Advisory, Conciliation and Arbitration Service) is an independent body offering confidential conciliation services. They help resolve disputes before or after a claim is filed. Settlement discussions through ACAS are private and will not be disclosed to the tribunal. Early involvement of ACAS can often lead to a faster resolution.

Can I recover legal costs if I win?

In most cases, each party covers their own legal costs in an employment tribunal, even if you win. However, you can apply for a costs award if the claimant has acted unreasonably. While cost awards are rare and only granted in exceptional circumstances, we can advise on whether this is a viable option.

Need further assistance? Our experienced team is here to help you navigate the employment tribunal process and protect your interests.

Tees are here to help

We have many specialist lawyers who are based in:

Cambridgeshire: Cambridge
Essex: Brentwood, Chelmsford, and Saffron Walden
Hertfordshire: Bishop's Stortford and Royston

But we can help you wherever you are in England and Wales.