What should employers do first when facing an employment tribunal claim? The initial steps you take can have a significant impact on the outcome of the case and the overall level of stress involved.
If you need expert help, see our Employment Tribunal Advice for Employers
Many employers feel a sense of urgency or even panic when a claim arrives. However, taking a calm, structured approach is essential. This may be the difference between a well-managed defence and avoidable mistakes that weaken your position.
The first and most important step is to carefully review the claim form, known as the ET1. Although it can be tempting to react immediately, I always advise taking time to understand exactly what is being alleged.
Employers should consider:
In many cases, the wording of the claim may appear stronger than the actual evidence behind it. Therefore, a measured review allows you to assess the real level of risk.
One of the most common and serious mistakes I see is missing key deadlines. Once a claim has been received, you typically have 28 days to submit your response (ET3).
This deadline is strict. If it is missed, the tribunal may issue a default judgment against the employer. As a result, employers should act quickly to diarise all key dates.
In my experience, setting internal reminders and assigning responsibility to a specific person can help ensure nothing is overlooked.
Another critical step is to secure all relevant evidence immediately. This may include documents, emails, meeting notes and internal communications.
Employers should consider:
This may suggest that your defence will be stronger if evidence is preserved before memories fade or documents are lost. In contrast, delays can create gaps that are difficult to address later.
Although some employers attempt to manage claims internally, I generally recommend seeking professional advice at an early stage.
Early input can help you:
For example, you may wish to explore your options through Employment Tribunal Advice for Employers to ensure your response is properly structured.
In my experience, early advice often reduces both legal costs and the risk of procedural errors.
At this stage, employers should carry out an internal review of the situation. This involves comparing the claimant’s version of events with your own records.
This may suggest whether:
Importantly, this is not about assigning blame. Instead, it is about understanding the position objectively so you can decide on the best strategy moving forward.
Once you have reviewed the claim and gathered evidence, the next step is to decide how you intend to respond.
In my experience, employers generally have three broad options:
First, defend the claim fully where there is strong evidence to support your position. Second, explore settlement where there is some risk or uncertainty. Third, consider alternative dispute resolution where appropriate.
Each approach depends on the facts of the case. Therefore, employers should consider both legal and commercial factors when making this decision.
Where appropriate, you may also wish to review related guidance such as ET3 Help for Employers to better understand your obligations when responding.
Finally, it is important to avoid common mistakes that can weaken your position from the outset.
Employers should consider avoiding:
In my experience, these actions can create unnecessary risks and may even be viewed negatively by the tribunal.
Instead, a structured and transparent approach is far more effective.
Understanding what should employers do first when facing an employment tribunal claim is essential for protecting your business. While every case is different, the key principles remain consistent: act promptly, preserve evidence, seek advice and take a measured approach.
In many cases, the early stages set the tone for the entire process. Therefore, employers who act decisively and strategically are often in a stronger position to defend claims successfully.