Defending employment tribunal claims

Why choose us

Stephensons is a top 150 UK law firm with national recognition for its employment law expertise. We are regulated by the Solicitors Regulation Authority and hold a number of Law Society accreditations that reflect the high standards of our legal services. Our employment law team is consistently recommended in leading legal directories, including The Legal 500, and has been trusted by employers across both the public and private sectors.

We have extensive experience representing businesses in complex and high-value tribunal claims, giving us a strong reputation for resolving disputes with professionalism and precision. Our solicitors are known for their strategic thinking, commercial awareness and commitment to client service. With offices across the country and a dedicated team of over 250 staff, we provide responsive, tailored support that meets the needs of employers of all sizes.

Choosing Stephensons means partnering with a firm that combines legal excellence with practical insight — protecting your business, your people, and your reputation.

Employment tribunal claims timeline and procedures

An employment tribunal claim typically involves a structured process that begins with Early Conciliation through ACAS and could potentially end with a final tribunal hearing. Initially, a claimant must notify ACAS to attempt an agreement without the need for tribunal proceedings. If conciliation fails, ACAS issues a certificate, allowing the claimant to submit a claim to the Employment Tribunal. Employers then have 28 days to file a response (ET3). A preliminary hearing may follow to clarify issues before the final hearing date is set. Tribunals may ask for additional witness statements and evidence prior to the hearing, typically provided within defined deadlines to ensure fair preparation for both parties.

Common outcomes of employment tribunal claims in the UK

An employment tribunal claim may be resolved through several outcomes. These outcomes include the dismissal of the claim if evidence is insufficient or the claim falls outside tribunal remit, compensation awards to employees if claims of unfair dismissal or discrimination are upheld, reinstatement or re-engagement orders requiring employers to re-employ the claimant, or mediated settlements achieved through ACAS intervention. Compensation amounts vary significantly depending upon the type of case, evidence presented and claimant's employment history and earnings.

Employment tribunal claims: the importance of evidence

Providing robust and comprehensive evidence is vital for both employers and employees in employment tribunal cases. Witness statements, employment contracts, disciplinary records, communications such as emails, and company policies often have significant influence on tribunal decisions. The tribunal judges will review this documentation carefully to determine the fairness of employer actions and whether correct procedures were followed. Employers are strongly advised to keep detailed and accurate records throughout any disciplinary or dismissal process to defend against claims effectively.

Time limits for bringing a claim to an employment tribunal

Strict time limits apply to employment tribunal claims in the UK, typically three months minus one day from the date of dismissal or incident of discrimination or wrongdoing, unless extended by ACAS conciliation. Employees must start ACAS Early Conciliation within this limit to ensure the ability to proceed to a tribunal claim. Extensions of this time limit are rarely granted, making it essential for employees to act promptly if they wish to bring forward a claim.

Understanding costs and fees associated with employment tribunal claims

In the UK, employment tribunal claims no longer incur fees for claimants, following a Supreme Court ruling in 2017 declaring tribunal fees unlawful. However, costs for legal representation or expert witness fees may still apply. Tribunals rarely make costs orders; however, they may do so in cases where the claimant or respondent behaves unreasonably or vexatiously during the tribunal process. Employers should carefully consider the cost-benefit of defending claims and always ensure they act reasonably and transparently to reduce potential tribunal-related costs.

Can an employment tribunal decision be appealed?

Yes, you may appeal an employment tribunal decision, but only on points of law or if a procedural error is identified. Appeals are submitted to the Employment Appeal Tribunal (EAT), typically within 42 days of the tribunal's written decision.

Who has the burden of proof in employment tribunal claims?

Generally, the burden of proof lies initially with the claimant to present evidence supporting their allegations. Once enough evidence is presented, the employment tribunal may shift the burden onto the employer to prove their actions were justified and lawful.

Are tribunal hearings made public?

Yes, employment tribunal hearings are normally open to the public unless ordered private by the tribunal judge in exceptional circumstances, such as sensitive personal evidence or when publicity may affect justice or the fair hearing of evidence.