Received an Employment Tribunal Claim? 6 Things Employers Should NOT Do

An ET1 has just landed in your inbox, or arrived by post. Your first reaction may be frustration, concern or disbelief. However, what you do next can significantly affect how the claim progresses.

Here are six employer don’ts after receiving an Employment Tribunal claim.

1. Don’t ignore it

This is perhaps the most important one.

In most cases, you have 28 days from the date the Tribunal sent the ET1 to submit your ET3 response.

Ignoring the claim does not stop the proceedings. If you fail to respond within the required timeframe, the Tribunal may proceed without your defence and, in certain circumstances, issue a judgment against you.

If an extension is required, do not assume it will automatically be granted. Take action early.

2. Don’t change your contact details without telling the Tribunal

Changed office? New email address? Different person managing the case? Tell the Tribunal.

Employment Tribunal proceedings can involve important correspondence, case management orders and hearing notices. If your contact details change and the Tribunal is not informed, you risk missing something important.

Missing correspondence because the Tribunal has outdated contact details will not usually excuse a missed deadline.

3. Don’t ignore Tribunal orders

Submitting your ET3 is only the start.

During the proceedings, the Tribunal may order the parties to complete specific steps by particular dates. This could include disclosing documents, preparing a hearing bundle, exchanging witness statements or providing other information.

Ignoring an order, or repeatedly missing deadlines, can have serious procedural consequences and could ultimately affect your ability to defend the claim.

4. Don’t start deleting documents

That uncomfortable email from six months ago? Don’t delete it.

Relevant emails, messages, meeting notes, HR records, policies, and other documents may all become evidence.

Importantly, disclosure is not limited to documents that help your case. Relevant documents may need to be disclosed even where they undermine your position.

Employers should also consider suspending routine document deletion processes where potentially relevant evidence may be held.

Preserve relevant evidence from the outset.

In most cases, you have 28 days from the date the Tribunal sent the ET1 to submit your ET3 response.

5. Don’t tell witnesses what to say

Speaking to the people involved and establishing what happened is sensible. Telling them what their evidence should be is not.

Witness evidence should reflect the individual’s own recollection. Employers should avoid coaching witnesses or attempting to create a uniform version of events.

Tribunals are often quick to identify witness evidence that appears rehearsed or overly influenced by others.

6. Don’t treat the ET1 as a judgment

An ET1 contains the claimant’s allegations. It does not mean the Tribunal has accepted those allegations as fact.

Avoid emotional or instinctive responses. Instead, break the claim down allegation by allegation. Review the relevant documents, establish a clear chronology and identify the evidence available to support your position.

The one thing employers SHOULD do

Instruct an employment solicitor early.

Employment Tribunal proceedings involve strict deadlines, procedural requirements, and potentially significant financial and reputational consequences.

Early advice can help you understand the claims, identify potential risks, preserve the right evidence and prepare an appropriate response.

Most importantly, every Employment Tribunal claim turns on its own facts.

The early stages of a Tribunal claim are often when the most important decisions are made. Taking advice promptly can help employers protect their position, avoid costly procedural mistakes and put themselves in the strongest possible position to defend the claim.