Employment Tribunal Advice for Employers

If an employee has made a claim to the Employment Tribunal, you may be looking for advice on the best next steps to protect your business interests.

Our expert Employment Tribunal Solicitors can provide you with advice and experienced representation throughout the tribunal process.

We will ensure the relevant forms are filled out accurately and on time and that all the necessary evidence is gathered for the tribunal.

We will also offer practical guidance to minimise the impact on your business and help you put measures in place to prevent these issues from arising again.

Have a question? Please see our Employment Tribunal FAQs or get in touch.

Our experts can help you with matters including:

Acas early conciliation
Reviewing the claim and advising on next steps
Representation at an employment tribunal
Appealing the tribunal decision

Contact our Employment Tribunals Team

Please contact us at Butcher & Barlow for specialist legal support to defend an employment tribunal claim.

Call us at +44 (0)161 764 4062 or email enquiries@butcher-barlow.co.uk.

Our Employment Tribunal services

Acas early conciliation

The Claimant must notify Acas (Advisory, Conciliation, and Arbitration Service) that they are planning to make an employment tribunal claim before doing so.

The parties will then be offered the chance to settle the dispute without going to the tribunal by using Acas’s free early conciliation service.

If the Claimant accepts the service, Acas will attempt to resolve the dispute by speaking to both parties and trying to reach an agreement.

If Acas conciliation does not resolve the issue or the Claimant or Employer declines the service, both parties will be given a certificate and can then apply to the Employment Tribunal.

If you are entered into the Acas early conciliation process to try to resolve the issue, our Solicitors can advise you on the claim, assist with negotiation and ensure the terms protect your interests.

Reviewing the claim and advising on next steps

If the Claimant decides to proceed with the claim by sending an ET1 application form to the Employment Tribunal, you can review the claims made against your business.

You will then have 28 days to respond to the claim in writing by submitting an ET3 form.

It is advisable to seek the advice of an experienced Solicitor at this stage. Our Solicitors can help you review the claims that have been made and prepare your response, including relevant evidence.

Presenting a robust response will give you the best chance of resolving the dispute as quickly and efficiently as possible.

Representation at an Employment Tribunal

Once both forms have been submitted, the Employment Tribunal or a Judge will decide how best to progress the claim. You may be invited to a preliminary hearing where the judge will hear both parties’ evidence and decide whether to escalate the matter to a full hearing, or the matter may be sent straight to a full and final hearing.

If the Employment Tribunal decides to escalate the case to a full hearing, our Solicitors can assist with preparing for it, including collecting any documents that can be used in evidence, arranging for witnesses to attend, and preparing your statement.

In a simple and straightforward case, the dates of the hearing are given when the case management orders are issued. However, in a discrimination claim or complex matter, the hearing dates will be given after the preliminary hearing.

Our expert Employment Tribunal Lawyers can represent you at the hearing and present your case on your behalf to give you the best chance of a fair outcome.

You will then be sent the outcome of the tribunal, which will be published on the UK government website.

Appealing the tribunal decision

If you are unhappy with the outcome of the tribunal, you can ask them to reconsider the decision, but you must provide good reasons for this, such as if you believe the tribunal made a mistake or there is new evidence.

You must contact the tribunal office within 14 days of receiving the written decision and explain why you want it reconsidered.

If you believe the Employment Tribunal made a legal error, you can also appeal to the Employment Appeal Tribunal (EAT).

Appeals to the Employment Appeal Tribunal can only be made on grounds of a legal mistake, known as appealing on a point of law. You cannot appeal simply because you are dissatisfied with the decision.

Our Solicitors can assist if you believe a legal error was made in the Tribunal’s decision. We can advise on the legal validity of this claim and help you apply to the Employment Appeal Tribunal if we believe you have the grounds to do so.

Frequently asked questions about Employment Tribunals

What are Employment Tribunals?

Employment Tribunals resolve disputes brought by employees against their employers, or previous employees regarding their employment rights.

They handle cases such as unfair dismissal, discrimination, wage disputes, and redundancy payments.

Employees can bring claims against their employers, and both parties will be allowed to present their views and evidence.

The final decision will be made by an Employment Judge and, in some cases, two panel members with experience in employment matters.

Employment Tribunals aim to provide a fair, efficient, and accessible means of resolving employment disputes without costly and lengthy court proceedings.

What are common types of Employment Tribunal claims?

Common types of Employment Tribunal claims include:

Unfair dismissal, where an employee feels they were unjustly terminated.
Discrimination claims based on age, gender, race, disability, or other protected characteristics.
Wrongful dismissal involving breaches of contract.
Claims for unpaid wages or holiday pay.
Class Action Claims.

Other common claims include disputes over redundancy payments, breaches of the Working Time Regulations, and issues related to maternity and paternity rights.

What are the time limits for tribunal claims and responses?

The time limit for bringing most employment tribunal claims is three months from the date of the incident or your employment ending.

Before filing a claim, claimants must notify Acas for early conciliation, which can extend the deadline while they attempt to resolve the issues.

Employers typically have 28 days to respond after receiving the claim. Failing to adhere to these deadlines can result in the claim or response being dismissed.

What is the Acas early conciliation process, and how does it work?

The Acas early conciliation process is mandatory before an employee can file an employment tribunal claim.

It aims to resolve disputes between employees and employers without going to a tribunal.

The employee will need to contact Acas before filing an employment tribunal application, and they will be offered the early conciliation service.

If they proceed with the service, Acas will communicate with both parties to explore settlement options and facilitate negotiations.

If an agreement is reached, it is legally binding. If not, Acas issues an early conciliation certificate, allowing the employee to proceed to the tribunal.

If the employee chooses not to use the Acas service, they will still need a certificate to proceed with a tribunal application.