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Employment

Received an Employment Tribunal Letter?

An employment tribunal letter means a current or former employee has made a formal claim against you (or your employer). Whether you're the employer or employee in this situation, responding within the deadline is critical.

Respond within 28 days
What This Means

In plain English

Employment tribunals deal with disputes between employers and employees — most commonly unfair dismissal, discrimination, wrongful dismissal, and unpaid wages. If you're an employer who has received an ET1 claim form, you have 28 days from receiving it to submit an ET3 response. Failing to respond means a default judgment may be entered against you. If you're an employee and have received correspondence from the tribunal, it may be about a hearing date, a case management order, or other procedural matters. Either way, ignoring tribunal correspondence is a serious mistake.

Action Plan

What to do right now

1

Identify which party you are

Are you the respondent (employer) receiving a claim, or the claimant (employee) receiving hearing correspondence? The steps differ significantly.

2

For employers: submit your ET3 within 28 days

The ET3 is your formal response to the claim. It must be submitted to the tribunal within 28 days of receiving the ET1. After this deadline, you lose the right to defend the claim.

3

Notify your HR team and insurers immediately

Employment practices liability insurance (EPLI) may cover the cost of defending a tribunal claim. Check your policies and notify them at once — late notification can void cover.

4

Preserve all relevant documents

Emails, contracts, disciplinary records, performance reviews, payroll records — preserve everything from the relevant period. Do not delete anything.

5

Consider early settlement via ACAS

Before and during tribunal proceedings, ACAS can facilitate a settlement. Most tribunal cases settle before hearing. Settlement can save significant cost and management time.

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Common Questions

Frequently asked questions

How long does an employment tribunal take?

Simple claims may be heard within 6-12 months. Complex discrimination cases can take 2+ years. Early resolution through ACAS or negotiation is almost always faster and cheaper.

Can I represent myself at a tribunal?

Yes. Tribunals are designed to be accessible and claimants/respondents often represent themselves. However, for discrimination cases or complex unfair dismissal claims, legal representation significantly improves outcomes.

What does a tribunal claim cost?

There are no fees for claimants to bring claims. As a respondent (employer), there are no court fees but your costs in time, management, and legal fees can be substantial. Awards to successful claimants are uncapped for discrimination.

What if I miss the 28-day response deadline?

Apply for an extension immediately with a clear explanation of why you missed the deadline. Tribunals can grant extensions if there's a good reason, but there's no guarantee — act as soon as possible.

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