Defending Employment Tribunal Claims: Employer Solicitors in London
Employer-side solicitors defending employment tribunal claims — from the ET3 response and Acas conciliation to the final hearing.
Call 0207 100 2525 to speak to an employment solicitor today. Available 24/7
Defending an employment tribunal claim starts with one deadline: your ET3 response must reach the Employment Tribunal within 28 days of the date the tribunal sent you the claim. Miss it, and the tribunal can decide the case against you without a hearing.
Adam Bernard Solicitors defends employment tribunal claims for employers and businesses. Our SRA-regulated employment solicitors handle every stage: Acas early conciliation, drafting the ET3, disclosure, witness statements, representation at the final hearing and negotiating a COT3 settlement where that is the better commercial outcome.
We advise employers across London from our offices in High Holborn (Central London, WC1) and Upton Park (East London, E6), and nationally by phone and video. Fees are fixed and confirmed upfront.
Call 0207 100 2525 (24/7) or book a consultation by Zoom, Teams, WhatsApp or Skype.
What should an employer do when they receive an employment tribunal claim?
An employer who receives an ET1 claim form should diarise the 28-day ET3 deadline immediately, preserve all relevant documents, and take legal advice before responding. According to GOV.UK guidance on responding to an employment tribunal claim, it is the employer’s responsibility to make sure the tribunal receives the response within 28 days of the date the tribunal sent the claim, not 28 days from when you opened the post.
In the first week, we:
- Confirm the deadline from the date on the tribunal’s cover letter.
- Check the Acas early conciliation certificate number and dates. A missing or mismatched certificate can be grounds to have the claim rejected.
- Check time limits and jurisdiction. Was the claim brought in time? Does the claimant have the qualifying service for the claim they have brought?
- Issue a document hold so emails, messages, HR records and CCTV are preserved for disclosure.
- Give an early merits and value assessment so you can decide whether to defend, settle or do both in parallel.
Employment tribunal changes for employers in 2026 and 2027
Employment tribunal claims are becoming easier for employees to bring. Under the Employment Rights Act 2025, the time limit for claims has doubled, unfair dismissal protection now starts sooner, and the compensation cap is being removed. Employers defending claims need to apply the rules in force on the relevant date of the claim.
| Change | Before | Now / from | Official source |
|---|---|---|---|
| Acas early conciliation period | Up to 6 weeks | Up to 12 weeks, where the claimant contacted Acas on or after 1 December 2025 | SI 2025/1153 |
| Time limit to bring most tribunal claims | 3 months | 6 months, where the relevant date (e.g. dismissal) is on or after 1 October 2026 | SI 2026/954 |
| Unfair dismissal compensatory award cap | £118,223 | £123,543 (or 52 weeks’ pay if lower) from 6 April 2026 | SI 2026/310 |
| Maximum “week’s pay” (basic award / redundancy) | £719 | £751 from 6 April 2026 | SI 2026/310 |
| Qualifying period for ordinary unfair dismissal | 2 years | 6 months, for dismissals with an effective date on or after 1 January 2027 | Business.gov.uk |
| Cap on unfair dismissal compensatory award | Capped | Removed from 1 January 2027 | Business.gov.uk |
What this means for your defence: a longer limitation window means older events can come into play, and from 2027 a successful unfair dismissal claim against a senior or high-earning employee has no statutory ceiling. Early, accurate case assessment matters more than ever. Discrimination and whistleblowing claims were already uncapped and already protected from day one. See our whistleblowing for employers and discrimination for employers services.
Acas early conciliation: your first chance to resolve the claim
Before an employee can bring most employment tribunal claims, they must notify Acas, which then contacts the employer to try to settle the dispute without a hearing. Early conciliation is free, confidential and voluntary, and under Acas’s guidance on how early conciliation works it can now last up to 12 weeks.
For employers, this is the cheapest point to resolve a claim. We advise you during conciliation on:
- whether the claim has real merit or value
- what a commercially sensible offer looks like, and when to hold firm
- protecting confidentiality, references and non-disparagement in any deal.
If conciliation doesn’t resolve it, Acas issues a certificate and the claimant can submit their ET1. For an overview of the process from the employee’s side, see our Acas assistance page.
Responding to an employment tribunal claim: the ET1 and ET3
The ET3 is the employer’s formal written defence to an employment tribunal claim, and the tribunal will not accept it if it is late, incomplete or not on the prescribed form. You can submit it online or on paper, as explained in GOV.UK’s guide to being taken to an employment tribunal.
The 28-day ET3 deadline
You have 28 days from the date the tribunal sent the claim for your response to reach the tribunal. If you can’t meet it (for example, because a key witness is abroad), you must apply in writing, with full reasons, for an extension. Don’t assume one will be granted. If you apply after the deadline, you must also send a draft response. If no valid response is received, GOV.UK warns that a judgment “will probably be made against you”.
What your ET3 response must include
- The correct legal identity of the employer (registered name and company number) and an address for service
- Whether you defend the claim in full or in part
- A clear response to every allegation in the particulars of claim: admit, deny, or require the claimant to prove it
- Your account of events, the reason for dismissal and the procedure followed
- Jurisdictional defences: time limits, insufficient qualifying service (2 years for dismissals before 1 January 2027; 6 months after), or the claimant not being an employee
- Any employer’s contract claim (counterclaim), which must be made in the response within the same 28 days
A well-drafted ET3 is the foundation of your entire defence. The tribunal will hold you to it, and inconsistencies get exploited in cross-examination. Our employment solicitors draft ET3 responses that are precise, legally sound and consistent with your documents.
Preparing to defend an employment tribunal hearing
Once the ET3 is accepted, the tribunal issues case management orders setting the deadlines both sides must meet before the final hearing. Missing them can lead to evidence being excluded, a costs order, or a response being struck out.
| Stage | What happens | Typical timing |
|---|---|---|
| Case management orders | Tribunal sets the timetable and may list a preliminary hearing | Shortly after the ET3 |
| Schedule of loss | Claimant sets out the compensation sought | Early in the timetable |
| Disclosure | Both sides exchange relevant documents, including unhelpful ones | Weeks to months before the hearing |
| Agreed hearing bundle | One indexed file of documents for the hearing | Usually after disclosure |
| Witness statements | Exchanged simultaneously | A few weeks before the hearing |
| Final hearing | Oral evidence, cross-examination and submissions before an Employment Judge (with or without lay members) | As listed by the tribunal |
Exact dates are set case by case in the tribunal’s orders. Always work from the order, not this table.
Witness statements
Witness statements stand as each witness’s main evidence and will be tested in cross-examination. We prepare statements that are accurate, focused on the issues the tribunal has to decide, and consistent with the documents in the bundle.
Do you need a barrister?
No. Employers aren’t required to use a barrister at an employment tribunal. For contested hearings involving discrimination, whistleblowing or significant financial exposure, specialist advocacy is often worth it. We work with experienced employment barristers in London and manage the case end to end.
Can an employer represent itself?
Yes. An employer can represent itself, and HR managers often do at preliminary hearings. The procedural rules (the Employment Tribunal Procedure Rules 2024) are detailed, though, and self-represented employers are often at a disadvantage against a represented claimant. Take advice before the ET3 at minimum.
Settling a tribunal claim: COT3 or settlement agreement
An employment tribunal claim can be settled at any stage, from early conciliation to the morning of the hearing, and settling does not mean admitting liability. For many employers it avoids legal spend, management time and the publicity of a public judgment.
| Route | How it works | Best for |
|---|---|---|
| Acas COT3 agreement | A legally binding settlement recorded by an Acas conciliator. Acas notes the parties must keep to the agreed terms once agreed, even before signing. | Claims already with Acas or issued at tribunal. It’s quick, and the employee doesn’t need separate legal advice. |
| Settlement agreement | A written agreement under section 203 of the Employment Rights Act 1996. The employee must receive independent legal advice for it to be valid. | Wider deals: restrictive covenants, agreed references, tax treatment, or settling claims not yet issued. |
We advise employers in Central and East London on COT3 agreements and settlement terms: settlement value, confidentiality, non-derogatory statements, agreed reference wording and how payments are taxed. For the agreement itself, see our settlement agreement solicitors page.
What happens if an employer loses at the employment tribunal?
If an employer loses, the most common outcome is an order to pay compensation, and interest is avoided only if the award is paid in full within 14 days. According to GOV.UK, unpaid awards can be enforced through the courts, and the government can fine the employer and publish its name. The employer may also have to repay certain state benefits the claimant received.
You can ask the tribunal to reconsider a judgment within 14 days (GOV.UK). If the tribunal made an error of law, you can appeal to the Employment Appeal Tribunal, usually within 42 days of the written reasons being sent.
Employment tribunal claims we defend
We act for employers against all common claim types, including:
- Unfair and constructive dismissal. See how the employee side is assessed on our unfair dismissal claim page.
- Discrimination and harassment: discrimination for employers
- Whistleblowing detriment and dismissal: whistleblowing for employers
- Redundancy and collective consultation: redundancy for employers
- Claims arising from grievances: grievance proceedings
- Unlawful deductions, holiday pay and breach of contract
Why employers choose Adam Bernard Solicitors
- Employer-focused strategy. We balance legal merit against cost, management time and reputation.
- SRA-regulated solicitors listed on the Law Society’s Find a Solicitor directory.
- 15 years in practice and 15,000+ clients across London and the UK.
- Fixed, upfront fees. See our employment law fees.
- Two London offices (High Holborn WC1 and Upton Park E6), plus video consultations nationwide.
- 24/7 phone line: 0207 100 2525
For a practical walkthrough of your first steps after an ET1 arrives, read our employer’s guide to the first 28 days after an ET1. Explore all our employment law services.
Received an ET1? Speak to our employment tribunal defence solicitors today. Call 0207 100 2525 or book a video consultation.
This page is for general information only and does not constitute legal advice.
Frequently Asked Questions
How long does an employer have to respond to an employment tribunal claim?
An employer has 28 days from the date the tribunal sent the claim for its ET3 response to reach the tribunal. An extension must be requested in writing with full reasons. Without a valid response, the tribunal is likely to give judgment against the employer without a hearing.
What is an ET3 form?
The ET3 is the employer's formal response to an employment tribunal claim. It confirms the employer's details, says whether the claim is defended, and answers each allegation in the claimant's ET1. It can be submitted online or on paper.
Can an employer win an employment tribunal claim?
Yes. Employers win claims where they can show a fair reason, a fair procedure and consistent documents, or where the claim fails on time limits, qualifying service or employment status. Many claims are also withdrawn or settled before the hearing.
What is a COT3 agreement?
A COT3 is a legally binding settlement recorded by Acas, usually during early conciliation or after a tribunal claim is issued. It ends the claim without an admission of liability, and the employee does not need separate independent legal advice for it to be binding.
How long is the time limit for an employee to bring a tribunal claim?
For most claims where the relevant date (such as dismissal) is on or after 1 October 2026, the limit is six months, extended by Acas early conciliation. Earlier relevant dates keep the old three-month limit.
Do employers have to pay the claimant's legal costs if they lose?
Usually not. The tribunal can order costs only where a party or its representative acted abusively, disruptively or unreasonably, or where a response had no reasonable prospect of success.
How long does an employment tribunal hearing last?
Simple claims such as unpaid wages may be listed for a day or less. Unfair dismissal hearings commonly last two to three days, and complex discrimination or whistleblowing claims can run for a week or longer. The tribunal sets the length at case management.
What happens if an employer ignores an employment tribunal claim?
If no valid ET3 is received in time, the tribunal can issue a judgment against the employer without a hearing and decide compensation. Unpaid awards can be enforced, and the employer can be fined and publicly named.
Should an employer settle an employment tribunal claim?
It depends on the merits, the potential award, the cost of defending and the reputational risk. From 1 January 2027 there is no cap on unfair dismissal compensatory awards, so early valuation is essential. Settlement can happen at any stage, without admitting liability.
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