Employment tribunal response: what employers must do in the first 28 days

Treat the 28-day deadline as the first control

Under rule 17 of the Employment Tribunal Procedure Rules 2024, the tribunal must usually receive the response within 28 days of the date it sent the claim form to the respondent. Use the date and instructions in the tribunal notice, not the date a manager happened to open the envelope or forward the email. Enter the deadline in more than one controlled diary and nominate a named owner and deputy.

The response must use the prescribed response form, normally the ET3 or the online response service. At minimum it must give the respondent's full name and address and state whether the respondent resists all or part of the claim. A response can be rejected if the prescribed form is not used, minimum information is missing or it arrives late without an extension.

If more time is genuinely needed, apply in writing and explain the reasons. GOV.UK says an employer should not assume an extension has been granted. An application made after the deadline must normally include a draft response or explain why that is not possible. Waiting for insurance, a director or an adviser is not a safe substitute for making the application and preparing the defence.

GOV.UK: responding to an employment tribunal claim ↗ · Employment Tribunal Procedure Rules 2024 ↗

Secure the claim pack and notify the right people

Keep the ET1, tribunal notice, envelope or covering email and every attachment together. Check the legal name of each respondent, the allegations, the remedy sought, hearing information and any case-management orders already issued. A group company, trading name and employing entity are not automatically interchangeable, so identify who employed the claimant and who has actually been named.

Notify any employment-practices insurer, legal-expenses provider or retained adviser immediately and follow the policy's reporting conditions. Decide who has authority to instruct advisers and approve settlement. Limit internal circulation to people who genuinely need the material; tribunal papers can contain health, grievance, disciplinary and pay information.

Tell relevant managers not to contact the claimant independently, alter records or create retrospective notes. One coordinated channel avoids inconsistent explanations and protects the integrity of the response. If the claimant is still employed, continue ordinary, fair management and do not treat the claim itself as misconduct or a reason for disadvantage.

Related guide: employee record retention → · Related guide: employee subject access requests →

Preserve evidence before memories and systems change

Issue a focused preservation instruction. Secure the contract, policies, personnel file, meeting notes, investigation papers, correspondence, rota and attendance data, payroll records and relevant messages. Include business systems and personal work devices where they were legitimately used for the matter. Suspend routine deletion only for material relevant to the dispute; do not copy entire mailboxes without a reason.

Identify the decision-maker, investigators, note-takers and witnesses while events are still fresh. Ask each person to preserve existing records and prepare a factual chronology for the response team. Do not coach witnesses or ask them to improve old notes. A new note should be dated now and clearly described as a recollection, not presented as a contemporaneous record.

Preservation is not the same as selecting only helpful documents. Tribunal case management usually requires relevant documents to be exchanged, including material that does not assist the employer's case. An early evidence map makes gaps visible and prevents a confident ET3 being contradicted later by the employer's own records.

GOV.UK: preparing documents and witnesses ↗ · Related guide: workplace investigation process →

Build the ET3 around the pleaded case

Read the ET1 allegation by allegation. For each point, record whether it is admitted, denied, not admitted because information is unavailable, or outside the respondent's knowledge. Then identify the supporting fact, document and witness. The ET3 should give a clear factual defence rather than a general statement that the employer acted reasonably.

Check dates, names, pay figures, employment status, length of service and the identity of the decision-maker against original records. Explain the process actually followed and the reason for the decision. Do not rely on a policy that was not in force, add reasons that played no part at the time or overstate what a witness will say.

Separate legal advice from the factual evidence-gathering record and keep drafts controlled. The response may affect later disclosure, witness statements and settlement discussions. A North East SME does not need a large legal department, but it does need one reliable version of the facts and a documented approval before submission.

Plan for case management and settlement at the same time

Submitting the ET3 is the start of the defended case, not the end of the work. The tribunal may list a preliminary hearing and issue orders covering the list of issues, disclosure, the hearing bundle, witness statements and the final hearing. Record every order, owner and due date. If an order cannot be met, raise the problem promptly rather than allowing the deadline to pass silently.

Acas conciliation can continue after a claim has been issued and up to or during the tribunal process. It is voluntary and confidential. If agreement is reached, Acas records it in a binding COT3. Settlement discussions should run alongside, not instead of, the ET3 and case-management work unless the tribunal confirms otherwise.

Assess settlement commercially: legal merits, management time, evidence quality, hearing risk, employee relations and the value of certainty. Most tribunal judgments are published, so reputation and confidentiality may matter, but they should not be used to pressure the claimant. Any offer needs clear authority and careful terms.

Acas: conciliation during a tribunal claim ↗ · Related guide: settlement agreements →

Employment tribunal response checklist

Legal requirements and official guidance were checked on 28 October 2026. This guide supports practical employer preparation but does not replace advice on the facts and legal issues in a specific claim. The safest response is early, evidence-led and controlled by one accountable owner.

• Record the tribunal's sent date and the exact ET3 deadline immediately.
• Appoint one response owner and a deputy with authority to coordinate information.
• Check the named respondent, claim types, remedy and any existing orders.
• Notify insurers and advisers in line with policy conditions.
• Preserve relevant HR, payroll, email, messaging and management records.
• Identify the decision-maker and witnesses before memories fade.
• Map every allegation to an admission, denial or clear factual explanation.
• Verify dates, pay, service, policies and decision reasons against source records.
• Submit the prescribed response in time and retain proof of submission.
• Diary case-management orders while considering Acas conciliation separately.