Employment tribunal – What to do


Elissa suggests what to do when you are taken to an employment tribunal.

It can happen to any business that employs someone.

It doesn’t necessarily mean you’re a bad employer or you’ve done anything wrong.

Employment tribunals can be issued by anyone at any time even whilst they are in employment.

It’s very rare for a claim to be rejected on the grounds that it has no prospects of success, without there being some sort of tribunal procedure first


  1. Don’t point fingers – this is not productive and won’t help the case
  2. Always take advice – There is a big difference between professionally drafted defences and those done internally, even by very experienced HR.  Taking an objective view by an outsider can often mean points of defence are looked at that would not have ordinarily have been considered and they can also ensure everything is being dealt with in line with the most up to date employment law.
  3. Preparation is key – ensure documents are read and absorbed so you are fully aware of everything that is going on.  You will be able to engage better.   Your solicitor will be able to advise you in a more informed capacity. You will also engage better with the decisions which need to be made.


Employment tribunal cases can be defended!  You don’t always have to settle. It doesn’t always mean you have to go down in tribunal for thousands of pounds.  They can be defended successfully but its important to follow the 3 points above.


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