How to respond to an employment tribunal claim
Author: David Jones
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 or not 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.