Finding out that an employee has made a claim against your business is stressful, and it is tempting to put the paperwork to one side while you work out who should deal with it. Please don’t! The clock starts as soon as the tribunal sends the claim.
How long do I have to respond?
You must send your response, on a form called an ET3, so that the tribunal receives it within 28 days of the date the claim was sent to you. That is the date on the tribunal’s letter, not the day it reached you.
What if I miss the deadline?
The tribunal can decide the claim against you without hearing your side. If you think you will be late, ask the tribunal in writing for more time, before the deadline passes.
What should my response include?
Your response needs your correct business name and address, the employee’s details, and whether you accept or dispute the claim. Most importantly, it should explain why you disagree with each part of the claim, with the key facts and dates. Avoid admitting anything you have not checked with the people involved.
What should I do first?
- Gather the contract, staff handbook, any disciplinary or grievance notes, emails and payslips
- Ask your managers to keep anything relevant, including texts and WhatsApp messages
- Write down what happened while it is still fresh
- Get advice before you contact the employee about the claim
Can I still settle?
Yes, at any stage. Acas, the free conciliation service, can still help both sides reach an agreement, and many claims settle before a hearing. Settling is not an admission that you did anything wrong, but it is a decision best made once you know the strengths and risks of the claim.
Why this matters more now
Claims against employers are rising, and for most claims about events from 1 October 2026, employees now have six months rather than three to bring a claim. Having your paperwork in order has never been more important.
How we can help
At Reen Anderson Solicitors we act for employers and business owners, so we know these claims from your side. We can review the claim, prepare and file your response, and represent you at the tribunal, or help you reach a settlement where that makes more sense.
If you would like to talk anything through, call us on 0207 101 2628 or email info@reenanderson.com.
This article is general information about the law in England and Wales, not legal advice on your situation.