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How To Respond To An Employment Tribunal Claim

Your employees are given certain rights to ensure that they are well looked after when at work. One of these rights is the right to make claims against an employer for any perceived wrongdoing. This can cover a range of topics, such as: 

  • Wrongful dismissals
  • Equal pay issues
  • Wage deductions/payment disputes
  • Discrimination
  • Sexual assault

The list goes on and on, but the idea is that an employee can make claims against you if they feel they’re being mistreated in some way. An employment tribunal will take this claim and use all of the evidence supplied to come to a conclusion. If you’re not careful, this could lead to massive problems for your business, including substantial financial settlements. 

Clearly, the best way to avoid this is by running a fair and honest business. This will ensure you can avoid any legitimate employment tribunal claims. Unfortunately, some employees may feel as though they’re being unfairly treated – even if this isn’t the case. As such, you need to learn how to respond to an employment tribunal claim to get the best outcome for your business. 

Submit your response within 28 days of the claim

The claim will be made on a form called ET1, you will then have 28 days to respond to this claim on an ET3 form. It’s super important that you fill in this form with as much detail as possible. It is a chance for you to provide your side of the story. 

Look at the ET1 and see what the employee is claiming. Look at the evidence you have against this and ensure you submit it as part of your response. You want to cover everything that the employee has claimed, proving that it’s either a misunderstanding or they’re completely wrong. 

Collect all evidence

While your ET3 is being reviewed by the tribunal, you will need to collect all evidence you have for your case. This includes all of the documents and everything that could be relevant. Leave no stone unturned as it can really help your argument if you have a lot of hard evidence supporting your claims and nullifying the employee’s. 

Prepare for the hearing

A hearing is typically called to let both parties present their arguments to the tribunal. You will need to make a witness statement – and you may also call other people to provide statements for you. Consequently, it’s vital that you are prepared for this as best as possible. Companies like Veritas Witness Training can provide special training for witnesses, ensuring that they get all of their points and arguments across. Undergoing this type of training could be the difference between a victory or a loss. You need to make a good case for yourself at the hearing, so ensure you’re fully prepared. 

Hopefully, the hearing can finish with a positive outcome in your favour. Remember, you should treat all of your employees equally and provide them with a wonderful work environment. This gives them a reason to make any claims against you and will leave you feeling confident that any employment tribunal claims are illegitimate. Follow the steps above to respond to a claim and ensure it doesn’t damage your business. 

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