Employment Tribunal Defence Solicitors in London
Facing an employment tribunal claim is one of the most stressful things an employer or HR team can deal with. The process is formal, the deadlines are strict, and the consequences of getting it wrong — financially and reputationally — can be significant.
At Adam Bernard Solicitors, our employment tribunal defence solicitors in London act exclusively on behalf of employers and businesses. We guide you through every stage of the process, from the moment you receive an ET1 claim form right through to the final hearing — or to an early settlement if that is the right outcome for your business.
We are based in Central London (High Holborn, WC1) and East London (Upton Park, E6), and we advise employers across Greater London and nationally. Our fees are fixed and confirmed upfront — no unexpected bills, no vague estimates.
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What should an employer do when they receive an employment tribunal claim?
When an employer receives an employment tribunal claim (ET1 form), they have 28 days to file a formal response using an ET3 form. The ET3 must include the employer’s company details, contact information, and full grounds of response — addressing every point raised in the claimant’s particulars of claim. Before the claim reaches the tribunal, the claimant must have gone through ACAS early conciliation, giving employers an early opportunity to resolve the dispute without a hearing. Employers who miss the 28-day deadline risk a default judgment being entered against them.
ACAS Early Conciliation — Your First Opportunity to Resolve the Claim
What is ACAS early conciliation?
Before an employee can lodge a claim with the Employment Tribunal, they must first notify ACAS and go through early conciliation. ACAS will contact both parties to explore whether the dispute can be resolved without a tribunal hearing. Early conciliation is free, confidential, and without prejudice. If successful, the claim ends there. If unsuccessful, ACAS issues an early conciliation certificate and the claimant can proceed to the tribunal.
For employers, the ACAS early conciliation period is a critical window. It gives you an early opportunity to assess the strength of the claim, take legal advice, and decide whether to offer a settlement — often at a fraction of the cost of a full tribunal hearing.
Our employment solicitors in London advise employers throughout the ACAS conciliation process, helping you decide what a reasonable settlement offer looks like, when to hold firm, and when defending the claim at tribunal is the stronger commercial decision.
Responding to an Employment Tribunal Claim — The ET1 and ET3 Process
If ACAS early conciliation does not resolve the dispute, the claimant will submit their claim to the Employment Tribunal on an ET1 form. You will then receive a copy of the ET1 along with the claimant’s particulars of claim — the document that sets out exactly what they are alleging and what remedy they are seeking.
The 28-day deadline
From the date you receive the ET1, you have 28 days to submit your ET3 response form. This is a hard deadline. If you miss it, the Tribunal may issue a default judgment against you — meaning your former employee wins without a hearing. We strongly advise instructing a solicitor as soon as the ET1 arrives.
What your ET3 response must include
The ET3 is your formal legal response to the claim. It must set out:
- Your company’s registered name, company number, and address
- Contact details for correspondence throughout the proceedings
- A clear response to each factual allegation in the particulars of claim — agreeing, denying, or requiring the claimant to prove each point
- Your own account of events where you are contesting the claimant’s version
- Any jurisdictional points you wish to raise — for example, if the claimant has not yet accrued two years’ service for an unfair dismissal claim
A well-drafted ET3 is the foundation of your entire defence. Our employment solicitors in London draft ET3 responses that are precise, legally sound, and strategically framed to give you the strongest possible position going into the hearing.
Preparing to Defend an Employment Tribunal Hearing
Once the ET3 is filed, the Tribunal will issue a case management timetable setting out the key deadlines you must meet before the hearing. Missing any of these deadlines can damage your case and, in some instances, result in parts of your defence being excluded.
- Case management order issued
- Tribunal sets out deadlines for the case.
- Typical deadline: Shortly after ET3 is filed.
- Additional information / disclosure
- Exchange of relevant documents with the claimant.
- Typical deadline: 4–8 weeks before the hearing.
- Schedule of loss
- Claimant sets out the financial compensation sought.
- Typical deadline: 4–6 weeks before the hearing.
- Witness statements
- Written evidence from all witnesses.
- Exchanged simultaneously with the claimant.
- Typical deadline: 3–4 weeks before the hearing.
- Agreed bundle
- Joint file of all documents to be used at the hearing.
- Typical deadline: 2–3 weeks before the hearing.
- Skeleton arguments (if required)
- Written legal submissions summarising your case.
- Typical deadline: 1–2 weeks before the hearing.
- Hearing
- Oral evidence.
- Cross-examination.
- Legal submissions before the Employment Judge.
- Typical deadline: As listed by the Tribunal.
Witness statements
Witness statements are written accounts of events from your perspective and that of any relevant colleagues. They must be accurate, detailed, and consistent with the documentary evidence. At the hearing, witnesses will be cross-examined by the claimant or their representative on the contents of their statements. Our solicitors draft witness statements that are legally coherent, focused on the key issues, and prepared to withstand rigorous cross-examination.
Do you need a barrister?
You are not legally required to use a barrister to represent you at an Employment Tribunal hearing. However, for contested hearings — particularly those involving discrimination, whistleblowing, or significant financial exposure — instructing a barrister for advocacy is strongly advisable. Our solicitors work with a network of experienced employment barristers in London and can arrange representation for your hearing.
Can you represent yourself?
An employer can represent themselves at an Employment Tribunal. However, the Tribunal process is procedurally complex, and employment law is a specialist area. Self-representing employers frequently find themselves at a disadvantage against claimants represented by experienced employment lawyers. We strongly recommend taking legal advice before deciding to self-represent.
Settlement — Resolving the Claim Before the Hearing
Employment tribunal claims can be settled at any stage — before the ET3 is filed, during the preparation period, or even on the day of the hearing. Settlement does not mean admitting liability. For many employers, it is a commercially sound decision that avoids the cost, management time, and reputational risk of a full tribunal hearing.
There are two routes to settlement in employment tribunal proceedings:
ACAS COT3 agreement
A legally binding settlement brokered through ACAS. It prevents the claimant from pursuing the same claim again. It does not require an admission of liability.
Privately negotiated settlement agreement
A written agreement signed by both parties, usually drafted by a solicitor. The claimant must receive independent legal advice on the agreement before signing. It is also known as a compromise agreement.
Our employment solicitors in London advise employers on what a reasonable settlement offer looks like, how to structure negotiations, and how to protect your business’s position through the terms of any settlement agreement. We also ensure that any settlement is properly documented and legally enforceable.
Why Choose Adam Bernard Solicitors to Defend Your Tribunal Claim?
With over 15,000 clients served and an accumulated 4.8-star rating, Adam Bernard Solicitors is a trusted choice for employers facing Employment Tribunal claims. Our SRA-regulated solicitors provide strategic, business-focused advice tailored to your commercial objectives. From the moment a claim is received through to final resolution, we deliver clear guidance, proactive defence strategies, and responsive support. With transparent fees, free initial consultations, and nationwide service via phone and video conferencing, we make expert employment law advice accessible when your business needs it most.
Get in touch with our expert Solicitors today.
Frequently Asked Questions
An employer has 28 days from the date they receive the ET1 claim form to submit their ET3 response to the Employment Tribunal. This deadline is strictly enforced. If the employer fails to respond in time, the Tribunal may issue a default judgment in favour of the claimant without a hearing. If you need more time, an application for an extension must be made to the Tribunal before the deadline expires, with reasons.
Yes. Employers successfully defend employment tribunal claims in a significant number of cases. The outcome depends on the strength of the evidence, the adequacy of the employer's internal processes (particularly the disciplinary or grievance procedure), and the quality of legal preparation and representation. Claims for unfair dismissal, for example, are often successfully defended where the employer followed a fair procedure and had a genuine reason for dismissal. Taking early legal advice significantly improves an employer's prospects.
An ET3 is the employer's formal response to an employment tribunal claim. It is submitted to the Employment Tribunal within 28 days of receiving the ET1. The ET3 must include the employer's company details and contact information, together with the grounds of response — a document that addresses each allegation made by the claimant, agreeing or denying each point and setting out the employer's own version of events where relevant.
If an employer loses an employment tribunal claim, the Tribunal will issue a judgment setting out the remedy. For unfair dismissal, this is typically a basic award (based on age and length of service) and a compensatory award (based on financial loss). For discrimination claims, compensation is uncapped and can include an award for injury to feelings. In some cases the Tribunal can also make recommendations or order reinstatement. Unlike civil litigation, losing employers do not automatically pay the claimant's legal costs — though a costs order is possible if the employer acted unreasonably during proceedings.
The length of an employment tribunal hearing depends on the complexity of the claim. A straightforward unfair dismissal claim may be listed for one or two days. Discrimination or whistleblowing claims involving multiple allegations and witnesses can run for several days or even weeks. The Tribunal sets the hearing length when it lists the case, based on the parties' time estimates. Preliminary hearings dealing with jurisdictional issues are often shorter — sometimes just a few hours.
No — not automatically. The Employment Tribunal does not follow the usual civil litigation rule that the losing party pays the winning party's costs. Each party normally bears their own legal costs regardless of the outcome. However, the Tribunal can make a costs order against an employer if it finds they acted vexatiously, unreasonably, or in a disruptive manner during proceedings. The maximum costs order without a detailed assessment is currently £20,000.
Whether to settle depends on the specific facts of the claim, the strength of your defence, and the commercial risk of proceeding to a hearing. Settlement does not mean admitting liability and can be achieved on a completely confidential basis through a COT3 agreement via ACAS or a privately negotiated settlement agreement. For many employers, the cost of settlement — including management time, legal fees, and reputational risk — is significantly lower than the cost of a full tribunal hearing. Our employment solicitors in London advise employers on settlement strategy and what constitutes a commercially reasonable offer.
