Handling employment tribunal claims

What happens after an employment tribunal receives a claim

Generally, the tribunal must receive a claim within three months of the employment ending or of the matter being complained about. If the tribunal receives the claim later, it will ask why at a pre-hearing review, and unless there is a very strong reason will not accept it.

See the page in this guide on tribunal procedure - hearings before/after the main hearing.

The tribunal will send you a copy of the claim form (ET1) within five days of receipt. It will also send you a response form (ET3). You have 28 days from the date on the claim form to return your response form to the tribunal office, stating whether you intend to resist or defend the claim and your reasons for doing so. Leave it too late and you will lose your right to defend the claim and a default judgment may be made against you. However, you may apply for an extension of the time limits within the 28-day period if you have good reason for doing so.

When the tribunal gets your reply, it will decide whether it can be accepted or not. If it can be accepted, it will send copies to the claimant and in most cases Acas, who will offer to conciliate. In some cases, you will have a fixed time to do this. The tribunal will notify you if this applies to the claim that you are defending. See the page in this guide on Acas conciliation.

If the claim seems straightforward, the tribunal will usually send you a Notice of Hearing (hearing date) with form ET1. For more complex cases, it will send you the date once you have replied to the claim. If the date is impossible or inconvenient for your witnesses, tell the tribunal as soon as possible, including supporting written evidence - it may be possible to change the date.

At any time before the hearing, the claimant can withdraw their claim, or you can agree a settlement - see the pages in this guide on alternatives ways of resolving employment disputes and Acas conciliation.

New legal requirements

Since 1 October 2004, legislation has been in force to make sure that internal disciplinary and grievance procedures are exhausted before a tribunal claim can be submitted. See our guide on handling discipline and grievance issues. Tribunals are now able to adjust rates of financial compensation up or down based on whether or not employees and employers follow proper procedures.

As of the same date, tribunals have been able to reject inadmissible claims where they do not have power to consider the claim or where a claim fails to include all the relevant required information.

From 1 October 2005, both claimants and respondents are required to use new mandatory claim and response forms (ET1 and ET3) when submitting or responding to an employment tribunal claim.

Subjects covered in this guide

• Introduction
• What happens after an employment tribunal receives a claim
• Alternative ways of resolving employment disputes
• Acas conciliation
• Preparing for a tribunal case
• Tribunal procedure - hearings before/after the main hearing
• Tribunal procedure - the main hearing
• Possible outcomes from tribunal cases
• Challenging a tribunal judgement

 

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