Preparing an employment tribunal response

An employment tribunal response must address the actual claim and reach the tribunal within the required time. HMCTS guidance generally provides 28 days to respond, calculated from the date the claim was sent to the respondent; check the notice and seek urgent advice if time is short. ^[1]

Establish the pleaded case

Read the ET1, attachments and tribunal correspondence together. Identify each claim, the factual allegations, named respondents and remedy sought. Check jurisdictional or limitation issues without relying on them as a reason to ignore the factual case.

Preserve relevant records and speak to the people involved. Distinguish facts the employer admits, disputes or cannot yet confirm. A blanket denial gives little explanation and may conflict with contemporaneous documents.

Submit a coherent response

Prepare the required response form and grounds using accurate dates and the correct legal entity. If an extension is necessary, obtain advice about a supported application promptly; do not assume a request grants itself. Retain submission confirmation and check any tribunal acknowledgement.

Create a separate diary for later orders, disclosure and hearings. Acas discussions can continue alongside litigation; subject access requests must be handled under their own rules even where disclosure obligations also apply. Do not delete unfavourable evidence or alter earlier employment records.

Open the whole claim pack and record the deadline Read the tribunal notice, ET1 and every attachment together. Check the date the claim was sent, the response date stated and the named respondents. HMCTS guidance generally allows 28 days from the date the claim was sent to the respondent. [1] Do not calculate from when an absent director eventually opens the post or when the papers reach an adviser. Route the pack immediately and retain the envelope or electronic receipt where relevant to explaining how it arrived.

Confirm which legal entity must respond and who has authority to instruct representation. Check insurance notification requirements and provide the complete papers, not a summary of the claimant's allegations. If more than one respondent is named, identify potential differences in interests before assuming one response can safely speak for all. A trading-name error, jurisdiction question or limitation issue may require attention, but should not be treated as a reason to ignore the claim. The tribunal needs the required response through the correct process unless it directs otherwise.

Break the pleaded case into answerable issues List each claim and the factual allegations said to support it. Distinguish what the employer admits, disputes and cannot yet confirm after reasonable enquiries. Link the response to the actual pleaded events rather than giving a general account of why the organisation is a good employer. If the claimant has attached a long chronology, identify the allegations relevant to the claims and seek advice on any necessary clarification. A coherent response should explain the employer's position without relying on an indiscriminate denial that contradicts its own documents.

Collect contemporaneous records and speak to relevant people independently. Preserve evidence favourable and unfavourable to the employer, including informal messages, earlier versions and decision notes. Do not edit historical records to improve the apparent process. Where memory differs from a document, record the discrepancy and investigate it. Identify witnesses who have left and the lawful route for contact. The response is an early pleading, not a substitute for all later evidence, but it should be grounded sufficiently to avoid making factual assertions the organisation has not checked.

Explain the defence with accurate dates and reasons Set out the material employment history, reason for the disputed decision and relevant procedure. Address each claim's issues with advice where needed, including eligibility, jurisdiction and the substantive position. Avoid importing a defence from another case merely because it uses the same claim label. If a fact is genuinely unknown, explain the position appropriately rather than inventing certainty. Check that the response form and attached grounds use consistent names, dates and employment details, and that an attachment referred to in the form is actually included.

If more time is needed, seek advice promptly about a supported extension application and the required information. A request is not an extension unless granted, so keep the existing deadline visible and prepare the best available response in parallel where advised. Explain missing information and steps taken to obtain it honestly. Do not assume that negotiations, staff leave or an internal grievance automatically justify delay. The response strategy should address both the immediate filing requirement and any information that may need to be clarified or amended through the proper later process.

Verify filing and manage the next orders Use the current official response route and retain submission confirmation and the exact submitted version. Check any tribunal acknowledgement or rejection promptly. Sending an email to a familiar office or saving a draft online should not be assumed to complete filing. If a technical problem occurs, preserve the error and seek immediate procedural guidance. Once the response is accepted, create a diary for case management, disclosure and hearing requirements, with named responsibility rather than treating the response deadline as the only date the employer needs to monitor.

Keep settlement discussions coordinated but separate from compliance with tribunal orders. A subject access request also requires its own data protection handling and is not automatically answered by litigation disclosure. Review preservation instructions as the issues develop and retain relevant evidence until an appropriate release decision is made. Brief managers on accurate communication and avoiding retaliation against participants. The employer's case file should connect the claim, response, supporting records and subsequent directions so decisions about defence or settlement are based on the actual proceedings and current evidence.